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Ram Kumar   23 December 2022

Can wife's sms asking forgiveness before counter be taken as proof during enquiry

I am seeking divorce from my wife and soon enquiry is going to begin. Before filing counter, my wife sent sms from her dad's mobile asking me to forgive her mistakes and she would listen to my words thereafter.
can i use that as an additional proof to ask for divorce during enquiry.


 7 Replies

Suresh S   25 December 2022

There is a general belief that marriages are determined in heaven; united by God, the Almighty. It’s not good to separate what God has united.

Moreover your wife has realised her mistake.

Your precious children, the gift of God, will suffer a lot due to this intended separation.

To err is human; to forgive is divine.


Ram Kumar   25 December 2022

I've filed for divorce based on mental cruelty by her & her parents. Also non-consummated. She delayed filing counter. Before filing counter, she sent sms from her dad's mobile many times asking me to forgive her mistakes & she would listen to my words thereafter. But while filing counter, she filed false allegations like i was in love with another girl & always thinking about her, so non-consummated. Also she says i took drugs for impotency.

So, I am having doubt whether can i use that sms message she sent before filing counter as an additional proof to ask for divorce during enquiry.

sahithi reddy   28 December 2022

The wife is hoping for a reunion, therefore she sent you the note. The SMS cannot be used as supplementary evidence. She has not sent any derogatory messages from her phone, thus it will not be used as evidence.


However, proving mental cruelty by the wife remains the husband's responsibility by gathering any of the cruelty-related evidence listed below:

Call recordings

Social media communication

Video recordings

FIR in case of mental cruelty accompanied by physical assault

Proof of non-cohabitation

Ram Kumar   28 December 2022

ok. but in her counter, she put false allegations like i am impotent and took tablets for that. Also she mentioned i was in love with a girl and still thinking about her. 

P. Venu (Advocate)     28 December 2022

Why you are posting facts piece-meal? What prevents you from posting all the magterial facts?

Sudhir Kumar, Advocate (Advocate)     29 December 2022

already replied at



Shashi Dhara   29 December 2022

Don't show it or use it as evidence simply defend case  to win .

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