Meaning of Adultery
Adultery is voluntary sexual intercourse between a man and woman who are not married to each other but one of whom is a married person (Clarkson V Clarkson) 1930 (143 LT 775), 46 TLR 623
Proof Of Adultery
It is hard for a petitioner to produce an independent witness who had actually seen the respondent committing adultery, therefore proof is normally indirect:
Types of Evidence commonly used are as follows:
a) Confessions and Admissions
In normal a confession statement to be obtained from the respondent and if possible then from the co-respondent as well admitting adultery and setting out briefly the circumstances in which it took place. These days the acknowledgement of service forms used by respondents and co-respondents in adultery cases ask the question ‘do you admit the adultery alleged in the petition?’
b) Circumstantial evidence
i) Evidence that the respondent and another woman are living together as man and wife. The petitioner may be able to state this form her own observations otherwise she may be able to produce an independent witness of her own to the fact.
ii) Evidence that the woman has given birth to a child of the respondent which can be further corroborated by the DNA report and child birth certificate.