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Can we request court to get "call transcript" for divorce?

I am going through a tough time, I got married in June'2012 and my wife is staying away from me from last 5 months. Her family financial condition was not good and fortunately I am better than them. After marriage we came to know that she got engaged twice before our marriage and they had broken both the engagements. She married me just for my money. She and her parents want me to leave my family otherwise they are threatning to file false dowry case. I am the only earning person in my family. I have couple of queries:

a) If I prove in court that she got engaged twice before our marriage. Will it help me in my case?

b) I have date & time of few of the calls where my in-laws threatened me over phone. Can I request court to get "call transcriptt" or recording from the mobile operator? If yes, Can mobile operator pull out the recording of last 6 months?

c) Can I request for a lie detactor test to prove my point?

d) I would like to file a divorce case before they file any false case. What are the pre-cautions I should take to safeguard me & my family?

Your inputs is highly appreciated.



 1 Replies

Tajobsindia (Senior Partner )     13 January 2013

 

 

Originally posted by : AmitabhKumar

 

XXX
I have couple of queries:

If I prove in court that she got engaged twice before our marriage. Will it help me in my case?
Take: NO. If instead of her suppose you faced such experience then will it justify legally anything?  That is why arranged marriage is a age old concept where families check either sides top to bottom, whereas love marriage is urban concept where intended partner talk out and try to know intimate details about each other. Seems you missed either of the bus !

I have date & time of few of the calls where my in-laws threatened me over phone. Can I request court to get "call transcriptt" or recording from the mobile operator? If yes, Can mobile operator pull out the recording of last 6 months?
Take: NO. Only National Security Agency or on Govt. special Orders such recordings are permitted and transcriptts intercepted. No service provider keeps audio recording of calls if previous two Authorities didn’t order so. In Matrimonial cases only incoming / outgoing cell phone no. r/w SMS incoming / outgoing are used but it will not be of much use in reference to your query. What you should have done or do it now is to invest in some Android handset and record in SD Card such incoming / outgoing calls and preserve the memory card without tampering for any useful matrimonial court cases purposes. 

Can I request for a lie detactor test to prove my point?
Take: NO. Neither person is a thief / criminal or security risk to nation that such extreme tests needed / ordered in civil dispute matter between them. It is simple civil marriage incompatibility issues of two spouse here and should rest in bringing probability of what could have happened between them in their matrimonial homes that is all that is needed that also 50:50 % to prove win instituted divorce case whosoever files first. 

I would like to file a divorce case before they file any false case. What are the pre-cautions I should take to safeguard me & my family?
Take: Read last 500 discussions each in Criminal Law, Civil Law and Family Law forums. The discussion threads will answer this question of yours precisely.

 


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