Our expert says:
Family law expert
Your question relates to everyday allegagtions made in our courts, one party having an affair and then denies it in the papers. On face value it certainly does seem that he had some sort of an affair and you can be sure that a judge or magistrate have dealt with similar matters on hundreds of occasions.
It will be difficult to prove the adultery with the facts at hand, but the records are definately relevant in your case as you never know what kind of witness your husband will be under fierce cross examination.
You certainly will be entitled in terms of the Rules of the High Court as well as the Rules of the Divorce Court to issue a Subpoena requesting your husband to make his mobile phone records available. I would go further and also request all his credit card and bank statements for the past year. If he does not disclose same you have the option to lodge an application to compel him to do so. Discovery of books, documents and records in a divorce action is a powerful tool in the hands of a party alledging, as in your case the fact that he had or is having an affair. A good attorney will know how to cross examine a witness in order to prove the affair on a balance of probabilities.
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