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helpSeeker (Private Job)     30 March 2017

Whatsup msg as evidence.....how to prove ?

I had filled a divorce against wife and she had not taken summons copy, so the case was expartee. Meanwhile, I had also communicated her and her family member's about the same by phone call and whatsup msg, where she had refuse to accept the summons copy stating that she don't want to decide court about her life as in India everyone has the right to decide their own. Also, she had used some abuse words about court and my family members over whatsup.

Now, after receiving expartee decree she states that she had never received court summons but in court records, it shows that in first attempt she denied the acceptance of summons at her residential address and in next attempt she accpeted it at her residential and office address, and want to re-open expartee order. In this case, I had received Whatsup conversation copy from cyber cell to submit in court, but judge denied that electornic device communication cannot be treated as evidence in court as there may be a lot of mal practice too.

At present, all do I have as best proof to prove that communication was provided and she was also aware of this is only the Whatsup MSG copy and postal dept. copy send by court. How can we exhibit the whatup as evidence in court.

Please advice.



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 3 Replies


(Guest)
Originally posted by : helpSeeker
I had filled a divorce against wife and she had not taken summons copy, so the case was expartee. Meanwhile, I had also communicated her and her family member's about the same by phone call and whatsup msg, where she had refuse to accept the summons copy stating that she don't want to decide court about her life as in India everyone has the right to decide their own. Also, she had used some abuse words about court and my family members over whatsup.

Now, after receiving expartee decree she states that she had never received court summons but in court records, it shows that in first attempt she denied the acceptance of summons at her residential address and in next attempt she accpeted it at her residential and office address, and want to re-open expartee order. In this case, I had received Whatsup conversation copy from cyber cell to submit in court, but judge denied that electornic device communication cannot be treated as evidence in court as there may be a lot of mal practice too.

At present, all do I have as best proof to prove that communication was provided and she was also aware of this is only the Whatsup MSG copy and postal dept. copy send by court. How can we exhibit the whatup as evidence in court.

Please advice.

You wanted suggestion hence you chose this forum seeking solution to your problem. However, you seem to have already approached court seeking remedy, now what is that makes you repeat the story here and seeking suggestions for the same problem? 

You may wait for the outcome of the case and then revert for more suggestions in case, the case is not decided in your favor. 

The case will be decided on basis of merits. It is your lawyers duty to refer the relevant sections by referring law books and help you win the case.  You are simply wasting time by seeking second opinion here or elsewhere as no two professionals will not agree to each other’s advice.

If you have paid professional fees to your lawyer, make use of it by chewing his brain would be my suggestion.  But nowhere have you mentioned what is the opinion of your advocate regarding the above query that you have mentioned.  If you want advise you should let know what advise you got from your advocate rather than seeking solution via palmistry (this amounts to palmistry).

 

If you appreciate my reply kindly click on the like button here or on my profile page by visiting it, whose link is given below amd convey Thanks !

https://www.lawyersclubindia.com/profile.asp?member_id=84464


(Guest)

Have you thought about reconciliation? ie joining back with wife?  Explain to me what makes you not reconcile with your wife?  Why divorce in the first place?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     30 March 2017

whatsapp messages send by you. It is not valid. Summons it must be authorised by court under their authorisation officers.


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