Proving extra marital affair can be difficult in a court

Adultery is defined as a consensual sexual relationship between two individuals who are not married to each other. Since this kind of relationship is intentional, therefore under the eyes of the law, it is a criminal offence. It is also regarded as one of the major ground for divorce but proving it in the court is usually quite difficult. Usually, there is no direct evidence of adultery. It can ONLY be proven in the court with the help of circumstantial evidence i.e. objectionable pictures of a spouse with the third person. It can be proved more easily indirectly by placing their letters, SMS, emails etc. as evidence

Important points

1. The pleadings of allegations of adultery must be very clear and specific. 

2. The allegations must be substantiated with particulars such as timing, the name of other individual and proofs such as SMS, Photos, Email etc which specifically establish an act of sexual relationship post-marriage between the parties involved. Mere the intention to have such relationship in future can't constitute as ground for divorce

3. Mere a suspicion is not enough to constitute a ground of adultery. 

4. A single act of adultery can constitute as ground for divorce

5. The adultery offence comes under section 497 IPC. 

6. The Husband and wife both can lodge an offence under section 497 IPC against their spouse who has committed it. 

Statutory law Ref.: - 

1. Section 497 IPC 

2. Section 13(1)(i) of the Hindu marriage act 1955 

Important Judgments 

1. Vishwanath S/o Sitaram Agrawal Vs. Sau. Sarla Vishwanath Agrawal 2012(3) RCR(Civil) 702

2. Smt. Sadhana Srivastava wife of Sri Arvind Kumar Srivastava daughter of Late Sri Parmanand Srivastava Vs. Sri Arvind Kumar Srivastava son of Late Sri Shiv Shankar Lal AIR 2006 A ll7

3. Devidas Ramachandra Tuljapurkar Vs. State of Maharashtra and Ors. AIR 2015 SC 2612

4. Dipanwita Roy Vs. Ronobroto Roy 2014(4) RCR(Civil) 724

Do 

1. Disclose all details related to your spouse with the lawyer. 

2. Share all documents related to marriage. 

3. Collect and share all proofs related to adultery such as email, SMS, Pictures etc.