Additional evidence
Ranganath
(Querist) 04 August 2013
This query is : Resolved
Ld Counsels,
Wife had submitted her mobile phone bills for two months as an evidence in family court.
Wife had got a decree in her favor.
Later on from the mobile bills file by wife husband came to know that wife was constantly in touch with her co-worker and was sending SMS and phone calls during late hours and at mid-night during marriage. Can the above SMS exchanges (contents not known) and phone calls be taken advantage of by husband in appeal to show that wife was not interested in marriage.
Husband did not question the ownership details of co-worker's mobile phone before trial court, Can the husband in appeal prove the ownership details of mobile phone of wife's co-worker?
Will the High Court consider the conduct as revealed by wife's evidence (bills) that she was interested in her co-worker.
Thanks in advance.
ajay sethi
(Expert) 04 August 2013
you have stated that wife has furnished her mobile bills and wife had opted for itemised billing and phone calls were made to co worker.
you cant generalise that she was having an affair with her co worker . the nature of sms sent by wife would be important .
Devajyoti Barman
(Expert) 04 August 2013
pLEASE EXPLAIN WHAT SORT OF ORDER OF WAS PASSED AND HOW HER MOBILE BILL WAS CONSIDERED BY COURT.
Ranganath
(Querist) 05 August 2013
Dear Barman sir,
Family court considered the mobile bill to hold that there were SMS exchanges between the spouses but the content of the message was not certified by the service provider. However family court accepted the case of wife that husband sent a message stating that he was not willing to marry and consummate. Bill produced in court was not in proper format hence husband couldnt understand the bill,
Only during appeal husband came to know that in the same bills there were SMS exchanges / calls between wife and her co-worker even after betrothal at odd hours..
Can husband take advantage of the SMS exchanges with the co-worker to show that she was interested on the co-worker and ignored husband. The co-worker de-activated the mobile number soon after the wife's bill was produced in court by her.
Thanks in advance
sivakumar.k
(Expert) 05 August 2013
Its all depends upon the fact,if husb have any other strong case he can use the cellpone matter by corroborating it
