Keylogger keystrokes,mobile recording and emails as evidence

1. My wife is homemaker. She is using my office laptop in the evening time. I have installed keylogger software. I have recorded her chat with 3 of her friends. The entire conversation is s*xual oriented and anyone can understand very clearly that her intension to commit adultery.

(A)       As per section 13 of Hindu Marriage Act, proving the INTENTION to commit aultery is not enough to get divorce.  Actual adultery after the solemnization of the marriage is to be proved.

1. Through the above software I found her email password and checked her old emails. I found her s*x affair. She had s*xual relationship with one guy for more than a year. Finally the guy left her. All has happened before marriage.

(A)  As you said that it was earlier to marriage, this also cannot be a ground.

1. Also in her recent emails to her friends she stated very clearly that she married a NRI only for high standard of living and used very bad words about me.

Again, these  comments were with her firends' circle and not intended to make you aware of these things.  If those comments were made with an intention of making you aware of them, then it is "cruelty". and it is not so in this case. 

1. Whatever she asks I have to buy for her. If I say something she used to threaten to commit suicide. Recently I recorded our conversation using my mobile. It’s a proof for her threatening for committing suicide

 Yes. Threatening to commit suicide is certainly an act of "cruelty".  Now you have to prove three aspects of this recorded conversation.  The voice is her voice.  She made such statements voluntarily (She has not been induced to give such statements).  The recorded conversation is not doctored and  it has not been tampered to the advantage of husband.  After proving all these things, the court starts to consider that taking into consideration of all facts of this particular case, whether the statment of wife "to commit suicide" amounts to cruelty or not.

By the way, the court also may consider the spy nature of the husband as he is using the latest scientific equipment to find fault with wife.

I am sorry, my advice to you is not so optimistic.

Hi Mr. Prabhakar,

Thanks a lot for your detailed answer. Actually I was having the same opinion when posting question. I have only one option left with. That is to prove her cruelty by submitting mobile recording evidence.  One time during our conversation, she accepted the fact that two times she attempted suicide and still have scars in her hand. But I don’t have any evidence for the same. She is impulsive and short tempered nature. Even after marriage one time she has tried to jump from 16^th floor just for not taking her to cinema. I tried to take her to doctor and counseling. But that increased her parents and her anger only. Even her mothers attitude is same. Now after knowing all the fact I just want to leave her and get divorce. I don’t want to spoil my life at the age of 28. If I disclose all the fact to her and ask for divorce, I worry she may commit or attempt suicide again.

Her love affair went until marriage stage and stopped due to some problem. Is it not considered fraud? Because no one in her family informed about this before marriage. Even now her father and mother threatening to file dowry and domestic violence case. I don’t know why her father and mother supporting her eventhough they know her daughter’s behavior? Will the above evidence useful in case they file dowry case? I am very much confused. Please advice what should I do to get divorce and save her life too.

  I feel sorry for you and for her also.  Mobile record evidence may be helpful as corroborative evidence (subject to your proving all the ingredients required to prove mobile record in court of law) but you have to lead direct evidence about her suicidal tendencies.  In addition to your own deposition, some other reliable eye witnesses' (your family members, neighbours etc.) deposition will be helpful.  In addition to the suicidal attempts as act of cruelty, try to think some other incidents which may amount to cruelty in the eyes of law. For example, insulting you before your friends and family gatherings etc.

Thanks sir, yes she insulted me many times in front of my relatives and friends. She said I am an impotent when my family members when to her house to solve the issue. She try to attempt suicide in front of my family members when we went to India last time. In fact she has commented very bad about me in front of her own parents. This is about the comparison of my s*xual organ size with some fruit. (Sorry I cant write more about this) Even for that her mother said, I am the one made her to talk like that by increasing her anger. Anyway I can state all the above reason to file divorce case under cruelty. But I don’t know how long I need to wait to get divorce. If it drags for years….

Now my only question is that if they file dowry case and DV case against me and my family members what should I do? Shall I use any of the above evidence to come out from the allegations? Actually we are ready to pay money for them. The problem is they want to take revenge. They telling that I am the one married her daughter and spoiled her life. In this life I have to live with her or die. I really don’t know how to come out of this marriage. Actually I am ready to suffer for anything but I don’t want my parents and relatives to suffer for any criminal case. Kindly advice

In those circumstances, you have no option left except to file divorce petition under the ground of "cruelty".    It will take two to three years, but you have no choice.  Get the draft prepared beautifully giving the cruel acts chronoligically, with vivid descripttion including the the descripttion regarding persons who witnessed those acts or heard those verbal abuse.  They will be potential witnesses in your favour. 

Yes, there may be correct apprehension in your mind that they may file cases under S. 498-A, dowry Act and Dometic Violence Act.  But you have to face them and at the end, you come out acquitted from the trial.  If you want to get divorce, you have to take this risk, as you already ruled out of "mutual consent divorce".  In addition to the cruelty, you may take other grounds (if there are any available to you) also in the same petition.

Wish you best of luck. 

hi Anand,

It is very unfortunate  u r in  such a deep mess.   the Whole santity  in the institution  of  Marriage is  diminished to such a low level that  girls think  husband  is  only a luxury  provider to  girls, the only thing the  girls  is to do is  enter a wed lock   and play with   the  guys  life the way they  want.   We the unfortunate lot of guys  dont even have the protection of laws.    It  is well  proved beyond doubt that  the D.V. Act  is  only  to harass  the  husband and  if u take the statistics  of  the  cases   filed  only  1%  of the cases is  genuine and reaches the  Conviction stage.  Still   the Legislature is not interested  in  framing   proper rules for the protection  of  Harassed  men.

Even  the parents  are  acting  like  pimps  of their  daughters.  gone  are the moral values to dogs.

If the guy is committing  any  affairs, that  will be a ground  for  divorce for a lady,  but the same  is not a ground if the  act is commited   by  the  wife.

Since u r technologically advanced guy,  just have  cameraas installed  in  your houses at all crucial poiints and  u  fix  a  Guy  ( under cover )  and  have  u r so called  wife  trapped  on tape  for more than two to three instances and  this should become  strong  ground to  take a  divorce.

Dont  do  anything  illegal and  do not  take  Law  into u r own hand.   cleverly  get away  from  this mess, and lead a   good life independently.   Law   takes its own course may be  one year or even two year,  by then see that all u r asset is clearly   transferred  to u r trustworty family  may be father or mother and  declare  bankrupt  u r self, so that  she will  run away   from  U.

Any more suggestion  u can contact me on   sohan1912@rediffmail.com

Thanks a lot for all your suggestion and advice. Still our family negotiating with them for mutual divorce. Anyway we will try our best or file case under cruelty.

Once again thanks a lot for your help. If you have any other good suggestions kindly do your best.

I believe god is watching all. I hope I will get justice soon!

hi

engage a good lawyer first , expert in DV and dowry cases,. my advise is not to wait till she files a case against you. file a case petition first . in which u mention all these. evidence will be taken care of at  late stage.after taht even if she files false case of dv n dowry tat will be more or less nullified.