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munish sharma (business)     20 January 2011

adultery can it be through mobile

1. can adultery be proved through the details of mobile call?

2. can court  ask mobile details from company and consider mobile call details as evidence for adultery on complaint of wife?

3. can court in divorce case ask for mobile calls recording as evidence for proving adultery?

pls answer these queries urgently reqd.



Learning

 21 Replies

Ghajini (SSE)     20 January 2011

mobile calls/ call details/ sms no way proves adultery

JAYESH (Sr. Executive HR.)     20 January 2011

mobile calls/ call details/ sms can not be use to proves adultery. but some intorable & unacceptable SMS or call can be use against husband on complain of wife? This can be evidience against husband for disturbing marriage life?

can any one tell that this can be used as proof in court.

Ghajini (SSE)     20 January 2011

Such SMS wont serve any purpose, one cannot get divorce on basis of sms and all. If one have sufficient proofs for adultery like pictures/video, then such SMS can just add value to it.

JAYESH (Sr. Executive HR.)     20 January 2011

If wife had a e-mail communication of husband with some other female & it contains some intolarable & unacceptable words & statments which creates doubts then it can be used as a proof.

Ghajini (SSE)     20 January 2011

It can be produced as proof but wont constitute a sufficient evidence for proving adultery. On basis of doubts nothing can be inferred.

JAYESH (Sr. Executive HR.)     20 January 2011

Let me be clear Ghajini. In fact one of my best (male) friend had caught some unacceptable & intolorable SMS communication of his wife with her coworker. On asking her what is this his wife had not given any clerification due to that they had some problem. But then also they live together with small qurrales. But after 2 months my friend had cought unacceptable & intolorable e-mails communication of his wife with some unknown person belong to other state. His wife had meet that unknown person in train & done friendship after 4 days she went to some other state for work related matter so she had meet that fellow on station which come in between without the knowledge of my friend. That fellow had written such a horriable things in mail that any husband can loose his control. But my friend keep quit for nearly 20 day with hope that his wife will stop all this nonsens & tell every thing to him. But that not happen and one day his wife started blaming her husband (my friend) that he is doubting her and spying her. Also she threaten my friend by saying that now she is going to her parents house permanently with his daughter & never come back. While all this going on they had little puss & pulls in between in that my friends had slapped his wife once or twise. My friend want his wife mobile just to talk with that unknown person while grabbing mobile his wife fall down & get injured now all this injury was blamed on my friend. My friend wife had started sending legal notice through lawyers demanding her all her clotsh & all. My friend had filed first case u/s 9 for calling her back & very next day his wife had file case for divorse u/s 13(ai) on curelty.

Now sir please tell me:

1) my friend want his wife & daughter back but his wife don't want to come just because my firend had slapped her.

2) all e-mail communication is with my friend and given in court though my friend don't want to show all this in court as he loves his wife but to protect himself he had to put all this in court.

Sir tell me what can be done in this. My friend want his wife & daughter back in his life at any cost.

Ghajini (SSE)     20 January 2011

I dont see any point in taking that wife back. Your friend wont be able to stop her activities later even if she comes back.

Legally even if husband wins section 9 OR wife wins it even then no court can force to stay together. So your friend cant get her wife back until or unless wife changes mind and returns back herself, can take help of relatives or mediators.

If nothing works out then getting separated is the only option....

Getting divorce, proving cruelty, slapping is not at all easy task in court.

JAYESH (Sr. Executive HR.)     20 January 2011

Sir Ghajini you mean to say that proving cruelty on the basis of slapping & injury while pussing & pulling is very difficult in court of law so that means court will not grant my friend's wife divorce then it good. Because my friend's wife & his in-laws always follow laws. So if my friend winds u/s 9 then his wife had to come back. Sir I just want to tell you that due to little misunderstanding all this happens once all this misunderstanding will be clear then there is no problem. My friend had investigate all this misunderstanding which his wife had never clarify. I hope that GOD will give some good thoughts to my firend's wife & she return to my friend & live a happy life.

OM SAI RAM.

Avnish Kaur (Consultant)     20 January 2011

file divorce on basis of adultery and cruelty.

N.K.Assumi (Advocate)     20 January 2011

Friendship with an unknown person in the train and receiving vulgar (Horrible) sms from such person  certainly creates a grounds of doubting her chastisty, after all a modest woman will never go close with a stranger unless she is of loose character that also a married woman, and meeting him again clearly makes out a ground of adultery, and I dont think she can clarified that position. File a csae for divorce on the grounds of adultery and cruelty.

1 Like

Avnish Kaur (Consultant)     20 January 2011

this will be a good corroborative evidence. meet an expert , honest lawyer with all the facts , he will guide you accoding to detailed facts of the case.

Rohtash Singh (Law Student)     21 January 2011

yes court can ask, you need to show the evidences if you put alligations. but these cannot be exactly stated as adultry.

HUSBAND OR WIFE , if they are making calls to opp s*x, at odd times & sending messages etc, that is not adultry actually but yes it has affects on marital life.

N.K.Assumi (Advocate)     21 January 2011

Firstly, after receiving all vulgar messages, secondly intimacy with a total stranger, and finally after all those horrible messages met him again: a strong case of persumption of adultery arise after all one can not have direct evidence of adultery except by circumstancial evidence: Can a wife just exchange those kind of messages and says that  it does not pinch the husband? If your wife flirt around in front of you with other men and started exchanging lucivious messages with that guy would you say that she is doing to make you happy? Is it not a ground of cruelty? her conduct is absolutely Questionable and a case for divorce is established.

JAYESH (Sr. Executive HR.)     21 January 2011

I would like to thanks all the experts, advocates & friends for posting your suggestions. I had posted this topic on behalf of my friend. I had gone through all the suggestions but I would like to bring to notice that my friend had a love marriage & he loves his wife very dearly. So my friend want his wife & daughter back in his life at any cost & he is ready to compromise as he believe & trust his wife. My friend feel that some other person had trapped his wife as his wife had done friendship innociently. PLEASE FRIENDS GIVE SOME SUGGESTION TO SOLVE TO PROBLEM POSITIVELY THAT IS I MEAN MY FRIEND WANT HIS WIFE & DAUGHTER BACK IN HIS LIFE. I MYSELF ALSO WANT TO HELP MY FRIEND. PLEASE LCI MEMBER HELP US.


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