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Raj Sharma (Sharma & Sharma Co)     10 November 2012

Proving cruelty in divorce case basis of phone recording

 

Dear Forum members,

I need a advice form all of you. My wife file a divorce case on the basis of cruelty and another ground saying we didn't lived together after marriage. my story after marriage as following

 

1) We got married in Arya samaj temple in year 2005, we lived together for 6 months then due to some family issues we started living separately on our mutual consent

2) She said we can wait till our family agreed to accept us. 

3)  We were living nearby and taking care of each other maintained all relationships and responsibilities.

4) 4 months back she went her parents home and they brain washed and agreed her for her 2nd marriage

5) I tried hard to request her to come back started living together but she denied, even they were planning for her 2nd marriage without taking divorce from me.

6) When i make her understand our marriage is legal and you can't go for 2nd marriage without divorce then she divorce case on the basis of cruelty and mentioned in petition that we never lived together after marriage and there were no physical relation during the whole period.

 

My questions-

1) Is it easy to prove that we never lived together and there was no contact between us during last 7 years?

2) On the basis of above grounds, does she get divorce easily even i don't want to get separated?

3) She said she recorded my voice over phone when i scolded and shouted on her on some instances. Is the phone recording is sufficient to prove cruelty?

4) Is above evidence is sufficient to file DV case ?

5) I love her too much and i don't want to leave her. Is there any way i can request her by law to come back and join me?

 

Please suggest me 

 



Learning

 3 Replies

Raj Sharma (Sharma & Sharma Co)     10 November 2012

Dear All,

 

Please give your valuable sugestions.

Raj Sharma (Sharma & Sharma Co)     19 November 2012

Respected members,

 

Please advice me on my queries

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 November 2012

A marriage solemnized can only be dissolved by a decree of divorce.

 

You have been advised in detail by me. The choice is yours.

 

 

Regards,

 

Shonee Kapoor

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