• How can we legally get evidence of spouse cheating

Spouce is mentally harassing by not speaking, taunting, not giving any concern to kids or wife, however is not restricting for money. but is having an affair. kids are, 17 and 14 yrs old so custody and maintaince is a issue incase of devorce. on speaking he denies of having affair. had seen messages of affair which he deleted. please advice as to how can we get evidence,is message from spy app legal for evidence or do we need to hire private investigator
Asked 6 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

19 Answers

1. Evidence has to be independently gathered by the aggrieved spouse by hiring a detective agency.

2. Unless the evidence is such which would demonstrate that in all likelihood the spouse had intercourse with someone who is not his wife, the court cannot dissolve the marriage on the ground of adultery. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You may engage some detective who may collect evidences for you. Also try and talk to him through messages and whats app and keep record of such messages which may show mental cruelty.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes custody can be given to you

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes such message will help you in divorce case

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Romantic messages do not prove adultery.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. If the wife starts residing separately from her husband and the children follows their mother then there is no question of seeking their custody from court.

2. Only if the husband refuses to allow them to go with their mother then only the question of custody comes.

3. In custody battle the court given pirmacy to the opinion of the children if they have enough intelligence like children of of such age as yours.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Better engage a detective agency and gather evidence of husband extra marital affair 

 

2) messages exchanged between husband and other lady will help you in making out a case 

 

3) audio recordings between husband and lady will help in seeking divorce 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If children want to stay with mother court can award you custody of your children 

 

you can also seek maintenance for yourself and children 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

romantic messages would help you in seeking divorce 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can file contestsed divorce against her.  You need do spy her or appoint detective,  cctv or software in her phone to get evidence

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

See evidence from private investigator as such are not valid you need to get proof of his relationship and physical relationship like there stay together you can copy messages from his phone any photograph hotel bills.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Since the age of children is such that they can understand with whom they want to stay so court can ask them in the custody matter and if they are willing they can stay with mother.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes grounds such as cruelty and adultery can be taken for divorce and all other evidence along messages can be placed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If you have audio video recording or WhatsApp chat conversation then the audio and video recordings are considered as evidences as per the provisions of indian evidence act .you can file divorce on ground of adultery or creulty. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

based on affair divorce can be granted by the Court. by spying or by any detective or any app, the massage or pics can be admissible in evidence as per section 65 B of the Evidence Act-1872.

 

custody can also be granted to mother if proved that husband is having affair.

as the children are 17 & 14 so their consent will matter in the court.

 

Feel free to Call   

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

  1. Custody will surely be coming to the mother, if she is not at fault or adultery.
  2. As children are also of that age wherein they can also be asked by the court of law about their choice or residing with whom.
  3. And husband would have to give maintenance for the children and for wife also if she is not working.
  4. And yes, you can hire a detective to collect the evidence for his adultery, this is not illegal in India.
  5. Romantic messages may be taken into account, but would advice you to have something in which he might be going into little more intimacy talks.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

What will you be able to do even after establishing his extra marital affairs with another person, because you cannot take any legal action on it since it is not a crime.

Except for divorce on the grounds of adultery you cannot take any action on this even if he is admitting himself of this affair.

Instead you can live separately from him if possible by filing a petition for judicial separation on this grounds so that your marriage can be in tact and secured.

Since he is maintaining your family properly then you can be cautious while initiating any legal step on this.

 

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

First the mother should convince the court about this and also should train the children to speak in her favor before court at home itself.

The court may accept the evidence of the grown up children

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The romantic messages or any other audio recordings may not be considered as admissible evidence in court of law for deciding the subject issue pending before the court in this regard. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer