How can a private detective in India help in divorce cases?

How can a private detective in India help in divorce cases?

Divorce rate in India is not more than 1.5% of all marriages, but prevalence of divorce is increasing nowadays. There are many aspects like adultery, extra marital affair, bigamy, desertion, gainful employment, mental incapacity, impotence, concealment of material information, fraud in marriage etc.  where the need of private detective may arise. A private investigator plays a valuable role by providing documents, information, facts and evidences to either of the spouses or their legal teams. 

Often couples opt to split when irreconcilable differences and incompatibility wreaks havoc on the institution of marriage. In some cases the warring couples separate with mutual consent and they do not need to prove their case in court of law. In cases where the estranged couples seek divorce, they need the assistance of Detective Agency to gather evidences. Divorce cases come under civil law and marriage is regarded as a civil contract and the dissolution of this civil contract is called divorce.

Cases arising out of marital discord

Divorce cases can further lead to many other cases, which may be civil or criminal in nature. Some legal issues arising in the case of conflicts between spouse are:-

  1. Divorce case:  After getting a divorce decree the legal obligation of spouses towards each other comes to an end and they can also remarry after getting the decree of divorce.
  2. Cases of maintenance: Cases under section 125 of the criminal procedure code, are filed to get alimony by wife. Private detectives can help you in ascertaining whether the wife is employed somewhere.
  3. Child Custody:  The cases of child custody also arises out of marital discord between parents. Court decides the custody of child based on many factors.
  4. Domestic violence cases: Domestic violence act was enacted to prevent woman from violence in households.
  5. Cruelty by in laws: 406/498A Indian Penal Code cases are criminal cases and FIR is lodged by police in these cases. Police investigates and files charge sheets in these cases. It is also known as a draconian law, as it has been misused by woman often.
  6. Dowry cases: Dowry prohibition has although been implemented in law, but the menace of dowry has deep tentacles in the Indian society.
  7. Civil cases: Division of physical, material and financial assets is also bitterly fought by both husband and wife.

Howdivorce case investigationscan help you?

Divorce case, like any other cases needs evidences and proofs. Proofs are the backbone of a legal proceeding, providing the factual basis upon which legal arguments are built, and ultimately leading to a just and fair resolution of the case. Necessary information and evidences are needed to establish facts. In divorce cases both the parties have contradictory claims and allegations. A private investigator (PI) can gather and furnish necessary proofs, to support his investigations. The strength and quality of the proofs presented can significantly impact the outcome of the case. Judges take the decision on the basis of evidences admissible in the court. So a detective can help in just and fair decision by court, by providing truthful evidences.

Evidences which can be gathered by a private detective in divorce cases

There are many issues like extra marital affairs, bigamy, financial misappropriation, cruelty, denial of sex, neglect by spouse, child neglect, cruelty by in laws, demand of dowry, sexual impotence, alternate sexuality, behavioral disorder, fraud, concealment of information, mental harassment and violence involved between married couples. A private investigator can meticulously conduct investigations and gather proofs to support these facts in courts. The evidences can be in the form of:

  1. Video Footage and Photographs: One of the primary roles of a private detective is conducting surveillance on the suspected spouse. Surveillance can be particularly useful when the spouse do not live together, and there is no mean to help technically. They may use photography or video recording to document the spouse’s activities, interactions, and behavior, which can be used to demonstrate infidelity or other relevant actions. It is most commonly used in extra marital affair investigations.
  2. Witness interviews: Private detectives can interview witnesses who may have relevant information. This may be done either covertly or overtly. The testimony of a witness can be secretly recorded by a sting operation.
  3. Digital and electronic communications: Expert private detectives can use software, which can be used to collect digital footprints of a person.
  4. Financial Records: A detective can investigate and gather financial records to uncover any hidden assets, undisclosed income, or financial misconduct by the spouse, which may be crucial in divorce cases involving asset division or alimony.
  5. Audio recordings and secret hidden footages: The conversation of a spouse is recorded to get audio and video recordings.
  6. Documentation and Written Evidence: Any relevant documents, such as receipts, hotel records, or written communication, can be collected by the detective and presented as evidence in court.
  7. GPS trackers: GPS trackers help you understand the places visited by spouse. One can easily get to know places visited frequently or places where a person is not supposed to visit.

So, private investigations are of immense help in divorce case investigations Police do not investigate civil cases and have a limited jurisdiction over matrimonial criminal cases. Therefore, the role of a private investigator is of utmost importance in matrimonial disputes.