position in adultery cases --(one more indicium of the standard of proof in adultery cases being kept open) --1948 P. 179 gives no authority ... proof beyond reasonable doubt separate from the 'criminal' standard of proof. Lord Denning will have nothing to do with such a concept, proof
been proved in this case and what are the standards of proof in adultery in matrimonial proceedings. Similar view on the construction of Section ... fully argued, because counsel conceded that the standard of proof of adultery was the same as in a criminal case. Secondly, the decision
adultery is often committed with calculated care and utmost secrecy, direct proof of adultery is very difficult. Under the Indian social ... confers on the husband a right to get divorce on proof of adultery simplicitor the wife is obliged to prove either cruelty or desertion along
English Courts to grant dissolution of marriage to a wife on proof of adultery alone. It would be impossible by any process of reasoning ... granted a decree for dissolution of marriage to a wife on proof of adultery alone which would be in direct conflict with
real knowledge or any evidence. I hold that there is no proof of adultery on the part of the petitioner. There is also no evidence ... child was conceived and that the birth of this child is proof of adultery committed by the respondent.
14. The result of my findings
that such was the nature of standard of
proof.
15. The proof of adultery and burden of proof are
frequently a confused one, while filing ... explained the
concept of standard of proof as follows:-
"Standard of proof:- The concept of proof
beyond the shadow of doubt can be applied
divorce suit, was found by the Divorce Court to have committed adultery with the respondent of that case to whom he stood in professional relationship ... fresh evidence, but accepted the decree nisi as prima facie proof of adultery, and directed that the practitioner's name should be erased from
illicit cohabitation or living together in adultery or fornication.
25. Adultery may be proved in various ways. Direct proof is very rare and even ... standard of proof in India to reiterate is also the same. There must be clear proof of adultery. The mere fact that the husband considers
adultery in matrimonial law, though the clause does not use the term 'adultery'.
6. Adultery is generally proved by presumptive proof based upon ... result of adulterous intercourse. There must be a clear proof of adultery. Standard of proof to establish a matrimonial pffence like adultery is the satisfaction
testimony about the particular incident upon which the husband relied for proof of adultery-According to him, there was a ceremony (karumadi) at Chekamjeri village ... appears to think that actual penetration should be proved for proof of adultery. This can only be by direct evidence, and it would mean that