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Karnataka Man Wins Divorce Using Wife’s Affair Video as Evidence

Karnataka Man Gets Divorce After Submitting Video of Wife’s Affair

In November 2019, the Karnataka High Court upheld a family court’s decision to grant a divorce after a Ballari man submitted a video showing his wife having sex with another man.

The couple got married on July 7, 1991, and have two daughters. In June 2008, while the husband was away in Bengaluru, he had installed a digital video recorder (DVR) in their bedroom. The camera recorded his wife being intimate with one of her male friends.

After seeing the footage, the husband filed for divorce at the Ballari family court, citing adultery and mental cruelty. While the court did not accept cruelty as a valid reason, it granted divorce based on the video evidence of adultery.

Later, the wife challenged the divorce decree in the Karnataka High Court in 2013, claiming her husband was in the habit of making pornographic films and had forced her to act in them. She asked the court to cancel the divorce order.

However, a division bench of Justices Alok Aradhe and P.G.M. Patil noted that the wife did not deny the content or the authenticity of the DVD. Also, she never filed a complaint about her husband forcing her into pornography.

The court said:

“Even though the man involved in the affair wasn’t named in the case, this doesn’t affect the outcome. The Hindu Marriage (Karnataka) Rules, 1956, don’t require him to be part of the case.”

The bench also highlighted a statement from one of the daughters. She confirmed that between June 4 and June 9, 2008, she and her sister were staying with their mother in Ballari, and their father was not present—supporting the husband’s claim that he was away when the recording was made.

This case sets a significant legal example where digital evidence like a video can be used to prove adultery and get a divorce under Indian law.

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