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Never go on face value (Manager)     26 April 2012

Can sms be considered a proof?

I got married on 28th November, 2011. Till date, We have lived together for just 50 days and that too at intervals. Since engagement we had problems but as it was my second and her first marriage we were much worried about the world and went on for the marriage. She is double masters graduage, an M.phil and I am simply a graduage. She is from upper caste and I am for the reserved category. I am widowed and have two children. One of my kids is a special child (Differently abled).

 

Now from the very day of marriage we have problems.  There are cultural, caste, social and demographic differences. Above all, I came to know after marriage that she is patient of ACUTE DEPRESSION. Prior to marriage, since engagement, I have been paying for her expenses. Till date I have paid about 1.5 lakhs in cash to her for various purpose. I have bought for her clothes and jewelly to the tune of 4.oo lakhs not to mention other expenses.

In 50 days of cohabitation, she went to her home town three times and that too by Air. I paid for the to and fro of the tickets all the times.

She again left my home when I was away. Faught with my mum who is part disabled. Used abusive language with my kids, guests and my mother. She sent me about 10 SMS wherein she referred my mother as WITCH. In many of the SMS she says she does not want to stay with my mother and uses abusive language for her.

Above all, her father is a renowed lawyer and they both threaten me for lump-sum settlement of 25 lakhs.

 

Now, can I use the SMS as  proof that she left my home at her own will? Can I use her medical reports to ascertain that she is sick by mind, gets this mood swings quite often and above all, Can I use the sms she sent to me using abusive language to address my mother as substaintial evidence to seek divorce and refuse maintenance as she has left my home at her own will?

 

Kindly answer. I have gone nuts over couple of months.

 

Thanks in advance

 



Learning

 8 Replies

N.K.Assumi (Advocate)     26 April 2012

You can produce those sms in the Court. Electronic documents in the form of SMS, MMS and E-mail in India is well demonstrated under the law and the interpretation provided in various cases. In State of Delhi v. Mohd. Afzal & Others, it was held that electronic records are admissible as evidence. If someone challenges the accuracy of a computer evidence or electronic record on the grounds of misuse of system or operating failure or interpolation, then the person challenging it must prove the same beyond reasonable doubt. The court observed that mere theoretical and general apprehensions cannot make clear evidence defective and in admissible. This case has well demonstrated the admissibility of electronic evidence in various forms in Indian courts.

The basic principles of equivalence and legal validity of both electronic signatures and hand written signatures and of equivalence between paper document and electronic document has gained universal acceptance. Despite technical measures, there is still probability of electronic records being tampered with and complex scientific methods are being devised to determine the probability of such tampering. For admissibility of electronic records, specific criteria have been made in the Indian Evidence Act to satisfy the prime condition of authenticity or reliability which may be strengthened by means of new techniques of security being introduced by advancing technologies.


(Guest)

The SMS would be admissible as evidence. The expression used by your wife for your mother in the msg amounts to mental cruelty entitling you to get your marriage dissolved. Furthermore, if she concealed from you before the solemnisation of the marriage the fact that she was suffering from acute depression, the same is a suppression of a 'material fact' which entitles you to get the marriage annulled u/s 12 of the HMA. The petition for annulment would have to be presented within a year. As regards her claim for maintenance, she is not entitled to claim maintenance from you in the backdrop of the fact that she possesses sufficient educational qualifications and also left the matrimonial house on her own .

 

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh

Never go on face value (Manager)     26 April 2012

Thanks for valuable inputs

 

Regards

Anish Thakur 7018812737 (advocate)     26 April 2012

hey ,your case facts are similar to dastane vs dastane air 1975 sc 1536.

file a suit for divorce in the court before she do .


(Guest)

Yes Mobile SMS is count as electronics Document & maintainable as evidence.

helpingwindisputedcases (chairman)     27 April 2012

hi prajapati dear you have not mentioned facts here clearly .you have to mention your financial position and the property you own ?but from ur question it is highly unlikely for this woman to claim any sought of maintainance from you .but i can only answer if you tell me your financial status and about the property value you own .on those grounds she can actually claim maintainance from you.so be clear or email us at surveillance_detectives attherate hotmaildotcom  .we are not only lawyers but we will help you retrieve this womans bank statements and as well as her fathers.let me tell you my dear friend something which no lawyer will ever tell you .ur wife is just harrasing you and her father is also harrasing you and if you are below the financial status of your wife this woman to be precise then ontheotherhand this case may backfire in your favour as you deserve alimony and not her since you are saying that she is upper class and double masters in phil.my friend if you do want to seek her financial details then we can offer to lend our services but you will have to make backdoor entry here .however it is at your sole discretion to contact us at helpingwindisputedcaseswhenthelawcannot attherate hotmaildotcom .we only lend our support and promise confidentiality.although if u want advise then its for free as i myself have practised in court for years.

Ravindra Malve (Data Recovery Expert)     28 April 2012

Why dont you guide him as well as us through forum.Other people will also get an idea about 'investigations'.

Never go on face value (Manager)     28 April 2012

@ Helping with disputed...

 

There are two ways at ascertaining property value. Market Value and the one on the government record.

I have fiexed assed - a shop of 150000. (MV 500000)

I own shares of a Pvt Ltd company - The one I am working for - 3300000

I have gold and stock wort 500000

Investment in Mutual Funds in my Kids name 1300000

Life Insurance policies worth 500000 (surrender value)

My mother got my name included in the residential property after my father's death. I am co-owner now. Official value 7000000 (Market Value 2.5 Crores)

I am drawing salary of 480000 PA

Income from other sources (HUF CONCERNS) 400000 PA

 

What could be the alimony payable on the basis of the above?

 

Apart from the assests, I have liability of 25.00 lakhs towards my company and mother (On Books)

 

But isn't it possibel that I can ask for annulment of marriage on the most important fact that her illness was not disclosed to me prior to marriage? Its literally like living in hell with a mentally unstabel person. She is ill tempered and I am short tempered.

 

Please guide


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