After my post on Divorce on the grounds of Adultery, I have been receiving a lot of emails/ WhatsApp messages and also queries posted on the webpage on how to prove Adultery. I want to state that there are no sure-fire ways to prove Adultery. However, a few things can help you nail the Adulterous Spouse in a Court of law, and my experience in dealing with such cases has seen me achieve a lot of success.
First of all, as I defined in the previous article, the standard of proof does not need to be theatrical, photographic, or videography. However, there are instances where people have successfully captured the act on the phone/ spycam, etc. But the chances are too low, and to my knowledge, I have only three instances where a man has been able to “catch the action” live on a cam in complete Bollywood style. In another article I plan to write, we shall discuss success stories of getting rid of Adulterous Wives.
We shall start with what courts also approve: “Adultery is clandestine by nature, and direct proofs are rarely available.” So, we need to prove it by indirect evidence or corroboration.
As though we hear a lot about One-Night-Stands, the same is not in vogue, and hence, here I discuss Adultery in a romantic liaison between a man and a woman, at least one of whom is married. So, we progress on proving two elements in the courts, which should satisfy the court that there is a preponderance probability of the spouse being in an Adulterous relationship. These two Elements are:
Disposition or Inclination towards the paramour B. Opportunity or Occasions where the spouse and the paramour could/ would have had the sexual act.
Proving ‘Disposition’ or ‘Inclination’ means that one needs to prove in court that the spouse and the paramour had affection between each other, which went beyond the reasonable permissible limits of the societal set-up spouses are in. This is a relative concept; hence, the societal makeup has much to do with it. For example, carpooling between men and women would not prove disposition in a sophisticated society. However, in another place, a man and woman travelling in the same car regularly would prove disposition, especially when the other spouse objects the same. So, some things which can help prove the inclination or disposition can be proof of the spouse and paramour having long phone calls, incessant messaging, WhatsApp, holding hands, hugging, going alone together, going missing together or incommunicado for specific periods, etc, would prove inclination towards each other. Eye-witness accounts can also prove the same. I would always suggest to collect the following for the same:
Cell Phone records show a lot of conversations, and it would be good if those conversations were at odd hours. • WhatsApp messages/ Text messages if they are laced with showing love/ sexual innuendos • Travel Records if they ever travelled together. • Office colleagues’ testimony/some family members’ testimony, if possible. • Emails/ Chats can be helpful, but it is better to download the same in a client rather than forwarding it to yourself.
Proving ‘Opportunity’ or ‘Occasions’ of Adultery is a little more challenging. One must prove that the spouse and paramour were ‘alone’ in a hotel room, his house, your house, closeted in an office when no one else was there and a few other examples. For this, one must do some investigative work or involve a detective. This “Occasion” has two time spans – a) Current Activities, which can be caught red-handed. b) Past Activities which need to be dug out. If you can access instruments, spycams/spy software on mobile phones can help catch current activities. If the spouse and paramour can be caught in the act along with witnesses and police complaints, you have a water-tight case. In such cases, you can file criminal charges against the paramour, which could help you settle your cases faster. Digging past activities is fraught with risk and expense. A detective worth his salt can get you hotel bills and information about past travel together, if any. Also, some people collect Call Detail Records for their consumption, possession of which is illegal. Even if you have collected the same illegally, you should get the same preserved and summoned in court, and I got the same done for my clients. Since each case differs, I suggest you contact me personally for advice.
There can be other ways to prove adultery in rare cases; the same could be pregnancy or a spouse contracting an STD when you have none. The law is clear in such cases: neither can a wife seek maintenance nor can an illicit child for such a relationship seek any maintenance throughout their life once adultery is proved.
I hope this article clarifies many doubts about how to prove Adultery. In my next article, I will discuss some success stories that I have seen firsthand.
52 Comments
I know my husband was cheating with a women, based on verbal communication. How can I get hotel stay details to prove it since I don’t have exact location information?
Through court.
can wife get hotel reservation details and is it enough to prove adultery?
and also can she call the women who was involved in the adultery to prove the same ?
Hotel bookings can be crucial evidence in an adultery case. She can also make the woman a party to the case.
can a wife use 1 year old text message (sex chat) to prove adultery
Yes, wife can use old text message to prove adultery.
I know my wife is in adultery as I got hotel photos and videos from her phone where both are in unwelcoming positions.
But she denied in FIR saying these are old photos. Now they go to private property(their common friend) for alone meeting. Adultery on private property without any hotel bills can be proven? I am thinking to hire a detective
All the photos and videos are evidence, let her prove whether they are old or new. File for a case of divorce on the ground of adultery.
As I have gone through the whole article and the comments/suggestions given to all. I found the article based on adultery very interesting, informative and knowledgeable, before reading this I don’t have much knowledge about this article but now I came to know that what exactly it means.
Thank you for the appreciation.
My wife is using my company’s mobile (which was provided by me to her) in which I am a director. She is talking to a guy very frequently and also at odd hours. This incident is around 7 years old. I have this apprehension that my wife has also called the same guy at my place in my absence. Can I file a case of adultery against my wife now?
This seems to be a case of adultery for sure. You can file a divorce suit on grounds of adultery and cruelty.
have proof of wife going to a hotel room and staying with her bf for few hours in noon, took minor son along. Is this circumstantial evidence enough to prove adultery or need explicit pics or videos of act. Is this enough to custody my 6 yr old son and save him and also myself from alimony during divorce.
This is a good evidence for adultery. You may follow the link to understand on adultery
https://www.shoneekapoor.com/how-to-prove-adultery/
I’m separated from my wife since 2 months and recently got to know that her ex lover is visiting my old flat in the afternoon but I don’t have a proof of him visiting there. Just found that his bike was parked in my parking. How to prove adultery here
Don’t you have any CCTV footage? If you suspect adultery, file for it and in court you can ask for CDRs through CrPC 91 application apart from many other ways to prove adultery.
Hi sir, my wife has adulterous relationship with one of her office colleagues. I have her chats which are in extremely dirty language (pornographic contents). I have her phone call history which shows incessant phone calls with that man. These calls are at odd timings like 2 am, 3 am, 4 am. and almost 10 calls a day. I also have her call recordings with that man which are in extremely dirty language, particularly both of them discuss the different positions in which they had sex. I also have her hotel booking details, date, time, register details etc. Apart from this, I have her bank statements which show continuous money exchange between the two. I also have her photographs with that man, and evidences of how they planned together to make a fool of me and my family. Are these factors enough to file the case and how strong our petition would be ?
These evidences are enough to file for divore on ground of adultery and cruelty. You may call on 7428418261 andseek an appointment with me for further discussion/consultation.
If right after marriage husband get to know his wife had multiple parallel affair with multiple men till marriage. She had called his boyfriend few time after marriage. Can men get divorce?
Sir my husband is having a relationship with his ex students I crabbed him no of times and found engaged but always he talks to be innocent . Under the call record too they were with them and found them in odd hours of night time how to present my case. He and she are in continuing calls under the call recordings I took this record
My in laws have been very cruel towards me and my family since my engagement including dowry demands and psychological abuse.my husband now filed a divorce petition on false adultery charges because I texted and called my ex,no physical intimacy whatsoever at alk, which my husband obtained by hacking my phone..he is doing this to get custody of my 1 year old baby. Will it stand.?what shall I do now
My wife has inclination towards her boss whom she call as her father figure. I have noticed many times but didn’t gather the proofs. Now I am seperared from my wife since 4 months but i want to file an adultery case.
I have voice conversation recording with my maid who narrated that she has seen her talking secretly many times when i go to market to buy groceries and hung up the call when i was about to come back. she mentioned a couple of more things which are clear evidencies that there was something fishy. But not sure if maid will give statement in court (possibly bcoz when we will give pre notice in court, they will bribe or threaten her)
Her boss always use to spend lavishly on her, taker her to market to but expensive clothes, footwear etc., takes her to 5 star hotels and the same can be seen in his card statements.
The call records will definately show odd time talks and too many calls during the entire day. If court orders for pulling call details between two, it will forsure prove.
If their location is traced, it will definately bring up that they go market for shopping, movies etc. in my absense that too without my consent. Location details will definately prove it.
Our matrimonial house was near her boss’s house, so she also visited many times there in purview of some urgent work. So, opportunity factor will also be factored in easily.
Are these factors enough to file the case and how strong our petition would be ..?
Yes, you can draft it well and case can be perused.
Sir my wife in relationship with someone and calling overnight with somone. How prove it in court. Because I love my son and want my son also I agree if she want live each other someone. But my wife many Alligesence in me and don’t meet with my son many time so I don’t give him amt who decide in court rs. 5000 per month. Plz help or suggest me
Unless complete details are known, nothing can be advised.
Sir husband got Facebook chat record wherein wife told her previous boss I love you, she is eager to die meet him and discuss some important and boss asking kisses, towards she replied come in india fast and she ready to fulfil his demands of kisses…but now wife threaten to husband if he filed Facebook chat record in dv case, she will file FIR under IT Act and says mere chat records not to prove adultery..she reside separately since 2 years..
Sir I want cases law to support prove adultery by Facebook chating and also case law which save husband from inaction of IT Act.
Let her file a case. Chats should be produced.
Hi sir,
Appreciate if you could help me with some clarifications.
1) My wife keeps pushing our kids (aged 3.5 and 5.5) to get familiarized with her new boyfriend. Is that a crime?
2) Are private investigation agencies capable of collecting air ticket details and hotel stay details if I share exact dates/location of travel and hotel name? Will confirmation of my kids be considered an evidence?
3) Are proofs of adultery and cruelty good enough to win custody battle? What else should I do? If my mother in law plays an active role in this, what legal measures can I take against her?
4) My wife started a business jointly with her boyfriend and has used my apartment to run it. What should I do?
It is better to contact someone who has dealt with such cases with all the details. Details you have provided is not enough to give any opinion upon.
Hi, My wife was having an illegal relationship with one of my friend and colleague since last 6 years which I recently came to know. This guy took the advantages of differences between me and my wife and entered into her life by giving promise that he would marry her after divorcing his wife. Now few days back he backed off from his promise and told her they will be continue as friends but cannot marry her. During that I came to know all this because my wife attempted suicide. I have few of their whatsapp chats and recent audio clips. Whether I can file a adultery case against that guy. Should I divorce before filing adultery. I don’t want to go for divorce at present as iI have two small daughters with her. Kindly suggest.
You can do both and both cases can run simultaneously.
My wife has filed 498A and Divorce on me. Now she is with another person. You mentioned to gather these evidences:
1) Call Records: She no longer stays with me, so it is difficult.
2) Whatsapp messages / FB messages : She no longer stays with me, so it is difficult.
3) Travel records : I know where they went but i don’t have any travel record.
4) Office Colleagues testimony : This means i will have to meet someone and convince to give the testimony
5) Emails / Chats : She no longer stays with me, so it is difficult.
You can get Call Details and Travel Records from relevant organizations called to the court.
Hi Sir,
My wife had a affiar with my cousin and i dont have valid proof for ilegal affiar , a month ago she runaway with my cousin after one mont her parents has catch hold them. While giving statement to the police station she told that due to family situation i went to my relation home. Now they are targeting my Child .what would be the next course of action to my side ? how i can safe my child interms of legal custody? Kindly advice
Yes, you can very well apply for custody of child. She ran away with cousin is a strong presumption of adultery.
My wife had relationship with her bf 3 years ago and one day I emotional her and recorded her statment and she accepted relationship with her bf, which I recorded thru hidden cam. And I gave new chance to her and lived happily. During these 3 yrs, we blessed girl child, but now there is differences between us. Now can I use that video recording of my wife to prove her adultery….
No, you have already condoned the act of adultery, so you can not raise it now.
Dear sir my friend(female) is about get divorce.she is interested to get marry me.Her husband filed divorce petition on the ground of adultery with some other person(Which is false).She is not interested to continue with marriage life since her father in law abused her sexually.She already lodged complaint against her father in law.Couple of years gone since the divorce petition filed.Both of us know each other for last 3 months only.Her husband took some video clips of me and she going together holding hands of each other.He submitted the video in court. Will I be held any criminal charges or can he file suit against me. What legal benefits can he get using this video against her.
This is no proof of adultery and more over adultery is not alleged against you
Cab a husband file adultery case after 2 years when it was committed as he came to know of it now. Is acceptance audio by wife in a general discussion evidence enough? what are the chances of the person involved getting punished to the max and how long the case may take?
Yes, he can.
Time and chances can’t be stated w/o looking at complete facts. Use contact me page
I got married 29 April this year. Wife since first day didn’t let me touch her threatened for sexual harassment,kept password in mobile,long call records in late nights, after one month she fled with all jewellery in my absence. Her call records show long call duration in late night,few Facebook evidence like comment like,kiss reaction indicating her affair with Muslim guy,her gmail Id also has 786. How shud I proceed for divorces or annulment.we also came to know she had cancer surgery which was not told to us while marriage.
Cancer Surgery information withholding is ground for annulment. Rest is ground for divorce
I got married 29 April this year. Wife since first day didn’t let me touch her threatened for sexual harassment,kept password in mobile,long call records in late nights, after one month she fled with all jewellery in my absence. Her call records show long call duration in late night,few Facebook evidence like comment like,kiss reaction indicating her affair with Muslim guy,her gmail Id also has 786. How shud I proceed for divorces or annulment.we also came to know she had cancer surgery which was not told to us while marriage.
Can a husband file a case of adultery on wife after 5 years. I mean, the wife was in an adulterous relationship 5 years back. At that time husband gave her a chance to correct her mistake. Now, he doubts that she is still involved with someone outside marriage.
Not unless there is a new incident of addultery
i have documented evidence of my wife stay at hotel with his BF ( after the marriage , Payment amount proof & bank statements , it is reflecting in her account . ( 1st Evidence is this .)
Regarding her relationship with this boy , on Facebook , i can see many time she liked his posts & photographs. and these like exists at time of 4-5 years back .
Currently i don’t have any call record proof as her no is prepaid and nt possible to get call records tiil that . She already not living with me since 6 months , no communication from there side, she changed her ph no also . Her side is ready for mutual divorce ( without any burdens both side ) , but i like annulment of this marriage .
What do you suggest .
Mutual Consent if it happens w/o alimony.
What is the provision for just online adultery? No physical contact. Sexting and engaging in sexual activities through chats or sharing pics and videos.
So both your inclination and opportunity have to be proven in court to convict someone for adultery ?
What is someone accepted having a GF in past (before marriage) to his wife but not currently ?
Yes both inclination and opportunity has to be proved in court of law.
Pre-marriage sex is not admission of Adultery.
Very informative post.
Thanks