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RB (TL)     24 December 2010

Emails and sms

Do emails and sms sent by a wife to her husband (who has deserted her and she has no clue about his where abouts) prove to be a good proof that the wife was actually trying to save the marraige and establish contacts with her husband? Can these be shown from wife's side for the same reason in court in case a RCR/ Divorce case is in proceeding? Pls advise..


 5 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     24 December 2010

It is also an offence under Information Technology Act

Suchitra. S (Advocate)     24 December 2010

Those can be shown as evidences from the wife's side to show she tried to save her marriage, only if they are sent to her husband even after she deserted him. In addition to that, sms and emails are only corroborative evidences by the court and you have to produce other evidences to prove the same. 

N.K.Assumi (Advocate)     24 December 2010

Concurred with Suchitra.S

RB (TL)     24 December 2010

Thanks Suchitra Mam' but what else can a wife do in order to establish contacts with her husband when he has deserted her, has given no information about his whereabouts. My husband has filed for RCR but actually he himself has left the home, its been 5 hearings so far and though i atteanded all of them, my husband came only once. however i just know that he still works with same company so have tried making contacts with him through sms and emails but he never replies. These are the only evidences i have to prove in court that i was trying my best to save this marriage.

My inlaws are pressurizing my husband to end this marriage and so he is just following them.

Pls advise.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     19 January 2011

I think sms and emails are sufficeint proof s to show your intensions that you were trying for re-conciliation.

Have you tried re-conciliation through friends and relatives or through mediation centre.

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