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Shweta   13 November 2021

Divorce

My husband used to torture me a lot n after that he installed a spy software on my phone n frustation n gusse mein maine kuch bate apne parents k ghr pe glt boli apne in laws k liye n my husband recorded so will he be able to take divorce on the basis of that recordings


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 14 Replies

G.L.N. Prasad (Retired employee.)     14 November 2021

Absolutely not for this reason of wife explaining her state of mind and stating facts to her parents on torture by her husband.

1 Like

Kevin Moses Paul   14 November 2021

Discussion by a woman with her parents regarding the torture she faces from her husband or in-laws, is not a ground for divorce. Hence, no need to worry as such a recording will only prove the torture and cruelty you've been dealing with, but he won't be able to prove any of his points in a court of law.

Regards,
Kevin M. Paul
1 Like

Shweta   14 November 2021

Thanku all..... This incident happend one year ago now they file divorce on the basis of cruelty...... Would court consider such recording as a evidence to prove cruelty

Kevin Moses Paul   14 November 2021

Cruelty which is a ground for dissolution of marriage may be defined as wilful and unjustifiable conduct of such character as to cause danger to life, limb or health, bodily or mental, or as to give rise to a reasonable apprehension of such a danger.

Your mere talks/conversations are not eligible for you to prove cruelty. You would require more solid and valid evidence to prove the same, mere conversations is not a part of it.

Regards,
Kevin M. Paul
1 Like

Shweta   14 November 2021

Sir they want divorce but dont want to give alimony for my 8 months old daughter evn they don't want to return my stridhan... My allatridhan is in the custody of my mother in law.... Wht should I do.... M very much depressed they are monitering my each and every activity of my phone... 

Dr J C Vashista (Advocate)     15 November 2021

Your husband has not yet initiated any divorce proceeding, it is your apprehension till you receive court notice.

Alimony is right of the spouse (wife) and child. 

1 Like

Shweta   15 November 2021

If 498a prove false then it became the ground for divorce?? N how long does 498a case run? 

Udit (Na)     15 November 2021

Don't Worry Shweta, the laws are in support of aggrieved women like you. Moreover the amount of alimony or anything after a case of 498a would go in your favour. There is no or very less chance that the matrimonial dispute would go against you. So dont worry and proceed further as you wish and advised.

 

Regards..

Udit Bansal, Advocate 

1 Like

Shweta   15 November 2021

Thanku all for ur answers... They are very egoistic people they only want me to tolerate their torture.... Bt still I wanna give one chance .... I hv 8 months old baby girl.... How long does this 498a case run?? 

Shweta   15 November 2021

My sister in law mere phne k ek ek activity ko monitor krti thi evn mere n mere parents ka conversation wo log sunte the.... Can i take any legal action against them for spying my phne

G.L.N. Prasad (Retired employee.)     15 November 2021

Be practical as a housewife with an 8months baby. and your limitations.  If you wish to separate from your husband and if it is your final decision, do not further complicate the issue with such complaints and dealing with the police.  Have peace of mind and focus on your future.

1 Like

Shweta   15 November 2021

Yes you are ryt....but i dnt want divorce.... My husband file divorce I tried a lot to save our relationship but my husband is very egoistic

Deepak Chandoliya   16 November 2021

depends on what you said. recordings are obviously an evidence.

Shweta   16 November 2021

I said ''mar jynge ya maar denge, barbaad kr denge maa baap se alg kr denge" actually his parents always support him n motivate him for his wrong doing n mere husband mujhpe glt glt ilzam lga rhe the jiss wjh se bht frustate ho gyi thi mai...... After all this I said sorry to my  in laws n return back to my Matrimonial home.... This incident happens one year before n nw on again a small fight happn between us he asked me to leave his house n nw he file divorce... 


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