Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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ram sharma (Software Engineer)     25 September 2013

Emails

married last year and after marriage daily we use to fight on issues of saas bahu dramas.my mother is elederly widow lady, so i can't tensed her just because of her..  after 6 months of marraige she left the home and lodged a complaint in women cell where she put so many allegations on me and my mother. still i thought of reconciling on conditions that she should leave her parents. and in case anything happens to her in future then she will be held responsible but she denied... and as that i also make up mind to not to bring her anymore. she is just 26 and i'm 30 so my lawyer suggested me to linger on so that she and her parents get disturbed as i have decided to not to bring her anymore and take her daughter because of her age so that they can remarry her as court kacheri cases take more years.. in the last counselling her influence on the counselling staff was so that counselling staff asked me say yes or no , then as per lawyers suggestion i said in case she ate poison in future then i should me made responsible then i will take her so counselling staff says no body can take guarantee of anyone, so as per tension she said she want no more counsellings and so counselling stopped..  with in short time they will make FIR against us although we have got 3 days notice bail....

i have some proofs of her like printouts of before marriage chats/ emails that she want to marry some guy..... although after marriage there is no such chat of her and she never contacted anyone of her friend.... so can i use it as an evidence to save me and my family that she is harassing us due to past affairs with guys...... and she don't want to live with me... but another problem is in 6months of seperation i never approached anyone of her family to reconcile and she tried in but me and my family says no and shows chats to all people who come for reconcilation that she is characterless and in counselling session also i shows that chats and she get tensed and said that in law before marriage chats are not valid and she put defamation case also. can she put defamation case and in any case or during bail can before chats of her prior to marriage be used as evidence and to said that she had affair that is why she is doing this to us......   and what more i have to do.. should i file for divorce ??????



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 9 Replies

SHYAM SHARMA (CHARTERED ACCOUNTANTS)     25 September 2013

My friend

 

I think you should take some other evidence besides with chats record which you obtained from her ID. These  must be some letters, email, pictures etc which she got  from her ex boyfriend. But if possible you must let her back to your house  through some mediator if you a chance of reconcilation between your and her family arise.

ram sharma (Software Engineer)     25 September 2013

no there is no chance of reconcilation.. she is about to file FIR against me and my family...... 

i just want divorce....  no nothing more except chats. but in another posts it says that before marriage chats/ emails are not so valid if not done after marriage..       is it so???? because i have just chats that too before marriage..... i have even saying this to everybody that she is having affair so she is doing this and on the contrary she said she haven't contact anybody after marriage and not through internet.. so what to do????????

she is having having that i have thrown him out of house and after that i didn't allow to enter the house. i just want to know is these before marriage chats valid in court during bail procedure.. do judge consider them as proof???? no other proof i have with me.. as in another forums it is mentioned that affair before marriage is not considered if no connection in future....... so, please suggest me can i used it as tool to save me and my family from arrest .. so, please suggest on before marriage affair emails topic?????? my friend saying that she say that those chats are  not true may be i have created them or as its her id so may she says her friend has done those chats ..... can she say so.....then how to deal???  and she is about to put defamation against me as publically who so ever come to reconcile i used to put allegations on her character by showing chats, so can she put defamation against me...

also provide me related judgement in which before marriage affair and no alimony and divorce............

Innocent 143 (JE)     25 September 2013

truth is that: she can file n case, you have to maintain her,If she is not working yet burdon of proof on you. After getting bail fight case on merit it takes years.or if possible go for mcd.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 September 2013

Dear Querist

my opinion on your queries are as under

another posts it says that before marriage chats/ emails are not so valid if not done after marriage..       is it so???? because i have just chats that too before marriage..... i have even saying this to everybody that she is having affair so she is doing this and on the contrary she said she haven't contact anybody after marriage and not through internet.. so what to do????????

Opinion: These chats record are not useful for you because these cahts are before marriage & she has right to chats with anyone before marriage, you can not say any single word related to her character.

 

she is having having that i have thrown him out of house and after that i didn't allow to enter the house. i just want to know is these before marriage chats valid in court during bail procedure.. do judge consider them as proof???? no other proof i have with me..

Opinion: no, these chats record are not valid & judge will not consider the same.

 

as in another forums it is mentioned that affair before marriage is not considered if no connection in future....... so, please suggest me can i used it as tool to save me and my family from arrest .. so, please suggest on before marriage affair emails topic??????

Opinion: these cahts/emails can not be safegaurd for you or your family.

 

my friend saying that she say that those chats are  not true may be i have created them or as its her id so may she says her friend has done those chats ..... can she say so.....then how to deal???

Opinion: yes, she can say, even she can file a criminal case before cyber crime cell against you too for hacking her emails.

 

 and she is about to put defamation against me as publically who so ever come to reconcile i used to put allegations on her character by showing chats, so can she put defamation against me...

Opinion: yes, she can file a criminal or civil defamation case against you if she has any witness related to this publicity.

 

also provide me related judgement in which before marriage affair and no alimony and divorce............

Opinion: for relevant judgments you have to search through google, indiankanoon.com, nadeemqureshi1.wordpress.com, judic.nic.in, advocatekhoj.com etc..............

Feel Free to call

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 September 2013

Dear Sir,

 

I would take this problem with another angle. Why did you decide to play the loose loose game. 

There was an option for you to settle the case and you did not take that chance, rather started raking old needless issues.

 

If there is a chances of having an amicable settlement/ reconciliation, think about it too. Time would run out for you as it would run out for her.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Adv. Neha ( )     29 September 2013

Relationship is dead better file MCD rather than roaming in courts. But she denies it, fight on merit. Both the parties are going to suffer and loss of period of time will be irrepairable.

ram sharma (Software Engineer)     02 October 2013

Thank you sir, for the advice.... sir, point on which i was afraid she has done as she has sent a legal notice to apologize in written within 25 days for defamation, otherwise she will put defamation case on me and my family... in the notice she has mentioned 5-6 witness names... its true that public ally i and my family saying her characterless because of before marriage chats with 4-5 boyfriends during college days..... but after marriage she has done no chats and no contact to either of them.... and everybody saying before marriage chats are not valid what to do??

 
i'm not ready to apologize also if on not apologizing she made defamation case on me and my family then with those before marriage chats can there be some relief or not....
 
also as early i told you that counselling already failed so anytime FIR can be filled . i and family got 3 days notice bail. now this legal notice for apologizing for defamation can be used by her to oppose anticipatory bail. and if she opposes then can i show those chats to save myself that whatever i'm saying is true.. 
 
also can court sent order to her to come in the court to oppose bail. although during notice bail court sent orders to her but at that time no FIR was lodged.
 
can i put divorce case on the ground of those chats. 
 
please please sir what to do????

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 October 2013

Yes, she has the right to oppose bail.

 

I believe you should apologize, you are using her past chats and intentions to marry someone else as a proof of her being characterless, which to my mind does not mean and lapse of character. And when you yourself admit that after marriage her character has been spotless, no chatting etc. what else do you want.

 

Oh! Yes, if you dreamt about a virgin of mind, body, thought and soul, I would say you were living in a dream world.

 

Every man dreams of marrying Aishwarya Rai/ Priyanka Chopra/ Katrina Kaid/ Kareena Kapoor/ Anoushka Sharma, does that mean all these men are characterless. Our society is so repressed that right from teenage though one dreams about things like that, people do not openly discuss it.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Ganesha Nam (SE)     16 October 2013

Hi Mr. Shonee

Please clarify? how to proceed (a similar situtation w.r.t chats). - If inappropriate chat has continued after marriage, even after a child, then how will the case be viewed.

Huband files a case for divorce and then wife filed 498a and IT Acts after approx 8 month of Divorce filing. 

How to proceed? any suggestion would be helpful.

Please help.


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