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(Guest)

Divorce case

am repeating my query..since i didn't get a response properly last time....

My husband filed for divorce in the family court.....under the counselling session in a joking way i told my hubby that am involved with many guys physically.....i fear he might have recorded this...... anyhow..later i have exchanged many messages with him..... he says on the messages.. i know you must have got physical with many boys..u must be enjoying with them..mera pati bahut daraa raha hai mujhe....he said on msgs ki "if i call u back..toh tum kisi aur ka bachcha mere pe thop dogi....tum ek baar bahar muh maar chuki ho..baad mein bhi bahar muh maarogi" so i replied.."maine bahar muh nahi maara hai...am pure..if u want aap mera medical check up karwalo..usmein clear ho jaega ki main sirf apney pati k sath physical huyi hun.." messages pe i have made it clear that am not having phyical relations with anyone.....

can anyone please tell..1. since mediation mein i said ki am having physical relations..is it a ground for divorce ?? court proofs maangegi ya nahi ?? 2. i have exchanged many msgs with him..wherein i have made it clear that am not involved physically with any1....3 i have messages wherein my hubby has mentioned that he has a gf.....but i have no bf.....no relations....nothing..am still loyal.... so is der anything to worry about ?? am too scared..my hubby might raise a question on my character.....



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 5 Replies

Adv. Chandrasekhar (Advocate)     12 September 2012

You need not worry.  allegation of adultery against you cannot stand before the court in evidence and he cannot get divorce on the ground of adultery.  On the other hand, his continuous messages demoralising you are definitely come within the definition of "mental cruelty" and you have a relief against him under Domestic Violence Act. 

1 Like

Adv. Meenakshi S (Advocate-Sra and Mhada matters)     12 September 2012

Yep U can file a dv case against him ...


(Guest)

thanks for the reply mam....mam waise toh conversation mere side se start huyi hai hamesha on messages....but mam few days back i started a conversation with him...my hubby messgaed me that he is havinng a girlfriend....so even i said ki how can you make a girlfriend..stay away from her....woh aapki rakhel hee rahegi....how dare she contact my hubby....etc..etc....so even he can say that my messages are not letting him live peacefully....? i even told him that u r married..and stay in ur limits...

Tajobsindia (Senior Partner )     12 September 2012

1. No
2. Noted
3. Nothing to worry about on a/c of exchanged messages as mentioned in your brief.

BTW, 2 digit medical test is banned in India and it does only prove "habitual to s*x" and no medical test in world can prove a woman have "multiple partners" all and/or any test can only prove the female subject has s*x with single partner but/also "the female is habitual of s*x" that is all.
So nothing to worry about. Close the case via mutual consent as nothing gets out of contested cases except lost youth.

Rest is your / parties to suit matters choice.  

 

2 Like

Baskar Govindaraj (advocate)     12 September 2012

I thing you will take necessary against your hubby under the following ways

1. you will file the criminal complaint before the appropriate magistrate court under section 200 Cr.pc for his wrong sms

2. under Domestic violence act


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