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S.B _Kolkata (Service)     26 July 2010

Evidence value of sms

Dear All Advisors

My wife is staying at her parental house from last 01 month willingly. After my several request she is so reluctant to come back with my family. We have a kid also of 10 month old. She is sending me various sms everyday containing threatning, false fabricated story as well as asking me huge money per month.

I have kept all the sms ,took print out and stored backup in my PC. Now a days she has accused me by saying unsatisfactory of s*xual relationship also. Her parents are continuously regulating her to not to join her in matrimonial house. I apprehend that they may take legal action (498a/DV) against me and my family.

In this situation how far the sms will get its evidentiary value before the court. Also advise me to take necessary steps to be taken at this stage. Though I have sent her three letters with AD asking her to come back and rejoin, and still every month sending her mony also.



Learning

 9 Replies

S.B _Kolkata (Service)     26 July 2010

Sorry, She is staying at her parental house from the last 01 year.


(Guest)

1. File a report at Jurisdiction PS annexing a Excel worksheet of all her SMS details and take receiving (signed / stamped) from PS after DD Entry.

2. It will help you / family during Bail and subsequently too.

Im curious to know if she is accepting money sent to her for herself and for the child ?

adv. rajeev ( rajoo ) (practicing advocate)     26 July 2010

If she is not willing to join you file a petition for divorce because if she filed DV act and 498A case against you after filing the divorce petition, it will  help you to get the bail.

S.B _Kolkata (Service)     26 July 2010

Thanks a lot. Can I get the AB showing the all threatning sms before the court?

Devesh A. Bhatia (Advocate)     27 July 2010

Yes, you can get AB by showing threatening SMS. Also if you dont want divorce you can file for RCR. 

S.B _Kolkata (Service)     27 July 2010

Actually she wants to stay with me only not in my family. We stayed for 01 year togatherly and were separated from my family. Now a days due to illness of my parents I have decided to stay jointly with them. During our togather stay I found her a combination of the following:

 

1. Cruel

2. Adament/Arogant

3. Living beyond its mean

4. Dominating

5. Falselyness

Now I am getting fear to rejoin with her and stay separately again as she has already started to fabricate false story and all. In this situation to save my old poor parent, what Should I do pl advise..


(Guest)

remember marriage is supposed to be a package deal it is meant to be that way......

1. Balance duties towards a married wife / child under abv. with service to old parents and OR prepare for a very long court visits and OR further if you are man of means then Mutual Consent are some of the options other than

2. Marital Counceling with divine patience since the marriage has 10 months old baby and at one point you sent request to her to come back and afterwards also you sent letters to her to come back so !!!
 

BTW your very first message and this last message of 23.47 hrs. are so different  The first message que. revolves around she should come back...... now you want to know hw to get rid of her seems something missing and I suggest option para 2.

S.B _Kolkata (Service)     28 July 2010

Dear Arun Sir,

 

You are right. At this stage I am determind to save my parents first rather than my maritorial relationship. Becuase She is trying to extort my money only insted of showing interest to comeback. Wheneevr she has been asked for the same, She wrote false sms consisting of her mental and physical torture by my parents. As on date I have lost faith on her, under any circumstances I will not be able to trust her. As a consequence my version has been changed. Please advise me accordingly.


(Guest)

Sir,

With highest respect to readers including me.....

Marriage is not like changing g/f's with a drop of 1 year old hat, lots of to / fro efforts goes into it. See how to manage in reality to rescue it now that since a child also there. Marsh vs. Venus will be contentious salt and lime soda, suggest to  take holidays off all these stess next few days and think in prospective / introspective and solution is always there. 

Also keep in mind that who knows you may unknowingly put your old parents and child from a walk to fire with one hurried decision such as your last message.

Rest no need to further reply before you come back gifting a holiday to think about your inner self for that decision in life.

Now kindly go on a holiday with your parents but before that send next months money for your wife and child (bze it is almost end of this month) .................... :-))))


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