Legal Question in Family Law in India
My wife saying that she has affairs with a boy from the college / before my marriage and also saying that father of boy born from her is not myself, it is some one else. All the above conversation was audio recorded. Is it sufficient to prove adultry??
6 Answers from Attorneys
No, you might need to prove by way of DNA test
Yes and you can go for DNA test as well to check the paternity of your son.
mere saying does not constitute a proof. you need to prove it in order to substantiate your charge of adultery.
No mere word say is not sufficient. It has to be corroborated with sufficient evidences to prove the adultery.
Adultary is a matter of fact. Suppose even if there is a voice recording, then also the same has to be first of all proved that it is genuine voice recording.
Second thing, merely such voice recording would not prove adultary. As said, adultary is a matter of fact, you shall have to prove by way of a positive evidence that your wife is living in adultary, which may be by proving paternity of your child by DNA, or by any other mode or proof.
Only conversation evidence even if it is Video is not enough. DNA test corroborating the same and if you have any proofs of adultery are necessary.