Legal Question in Family Law in India

My husband apply for divorce due to his affais I want to know

1. How I can show his affair in court through legal process because my financial position is not good

2. Due to divorce my husband want sale out his all property than How I can take court stay on his property


Asked on 12/26/13, 12:31 am

2 Answers from Attorneys

dear client u can file injunction suit in civil court to get stay on sale of the property. as well as u can take help of private detective to find out his affair. for any legal help call me on 9422611385

ADV PRASAD PATIL

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Answered on 12/26/13, 4:35 am

In order to prove adultery, both opportunity to commit adultery and disposition to do it must be shown, and the burden of proof is on the party alleging it. You must prove the grounds of adultery. Adultery can be hard to prove and you need supporting evidence from an additional person. A feeling or a belief that your spouse committed adultery isn't enough proof. It's usually not enough for both spouses to admit that one committed adultery. The proof needs to be independent.

Generally, you won't have direct proof of adultery, such as an eyewitness account or photos. Your next option is to use indirect proof or circumstantial evidence. Adultery is proved by indirect evidence based on implications. This indirect proof needs to show: Your spouse had the chance to commit adultery, such as being alone with the other person, and your spouse had the inclination to commit adultery, meaning given the situation, sexual intercourse was likely to take place.

Examples of indirect proof showing opportunity could include hotel or travel records. Indirect proof of inclination could be public displays of affection or love letters. You may even engage a Private Investigator to get information about affair your spouse is involved in. You can file an application to the Court and obtain a stay over the sale of the property.

You should consult an expert to help you with the case. You can call me at 09555 507 507 or send me a mail at [email protected] to discuss further on this matter.

-Regards

Advocate Pooja

www.lawkonect.com

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Answered on 12/28/13, 3:54 am


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