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ramesh (p)     14 December 2009

Divorce for my friend

This is regarding one of my family friend, had been married past 10 yrs and from day one he is having doubts that she is having contact with her old friend. After having 2 kids and once sent to jail by her parents for treating ill, she is still with him. Off late she has been talking to this old friend over the phone during off times like early mornings or late nights and exchanged few text messages which he is said to have them as proof aganist her for proving her as charcterless or some thing like that. earlier he used to hit her badly which was never brought out to the notice of law though neighbours and her parents knew about this. Last week she was again hit badly with cuts and bleeds from her mouth again which was not brought to the notice of law but her parents had asked the boy to send her back for which the husband has said to send her only after signing few legal documents. As of now either parents or the girl is having a clue of papers. Can any one suggest what will be best way to get the girl and 2 kids out of that house.


 11 Replies

Adv.rhishi (Advocate)     14 December 2009

Dear Mr.Ramesh Pls simpligy your query, it is unclear.

ramesh (p)     14 December 2009

Guess query was not clear - to simplify;

Married for 10 years with couple of daughters. She has been treated badly from the beginning for which once the boy was sent to jail before the birth of there daughters. Later case was withdrawn as both of them agreed to stay together. Inspite of that for all these years she has been beaten and harassed which was never brought to the notice of law. Few weeks back she was beaten badly again, this time her brother has asked the boy to send her back. Boy has agreed to send her only after signing legal documents. They are yet to receive the papers. In this situation what would be the best way to get both the daughters along with girl? Please advise on this issue

Thanks in advance


First lodge a complaint with police stating that insecurity life. Take advice from learned advocate of your locality.

Devajyoti Barman (Advocate)     14 December 2009

The boy has got no legal right to detain his wife. So what she need to do is to just leave her matrimonial home. Once left his husband she can initiate plethora of actions against her husband for his astrocoties including cases u/s 498A IPC, DV Act and case for maintenance u/s 125 Cr.PC.

ramesh (p)     15 December 2009

Thank you Mr. Sathya prakash and Mr. Devajyoti.

All these years girl was staying there for the well being of there daughters, but now boy is threatening her telling that he can prove her as she is having an affair with one of her family friend. Because off late she has been talking with this friend over the phone and have exchanged few text messages which he is having. Inspite of her parents insisting that there is nothing like that yet the boy is threatening her. My question is - Can these phone details act as proof to prove that she is having an affair?


Telephonic conversations if recorded will be used as evidence not with called phone numbers.


ramesh (p)     15 December 2009

What about text messages?

Text messages can be used as evidence.

ramesh (p)     15 December 2009

Thank you for your advise Mr.Sathya prakash.

Can any one suggest a good lawyer in bangalore, who can fight this case?

ajks061970 (club member)     15 December 2009

As far as my knowledge the electronic sms and telephonic recordings have no value in family court.

Khaleel Ahmed (Legal Advisor)     15 December 2009

You are advised hereby , your friend can consult with local family counsellor.

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