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Mobile Messages.

Page no : 2

Dr. Atul [9013898936] (Lawyer, Scholar)     22 January 2017

Originally posted by : Ekta
Do you think, here in the case, mobile messages meet any of the criteria of Cruelty & Harassment?
Apart from that, I also clearly mentioned, that "Using only the phone message as an evidence will not work."
Let me know the reason for disagree.


I don't know for a fact if the alleged "mobile messages meet any of the criteria of Cruelty & Harassment". For that matter, nor do the participants here know to the contrary. That is perhaps why my suggestion was qualified thrice in my post (which you have been so considerate as to reproduce in its entirety):

"if the text messages are are such as to indicate harassment or cruelty"
"so long as they lend some credence to the allegation of cruelty"
"if the text messages are of assistance to your allegations"

I repeat, if the text messages support the allegation of cruelty, they form res gestae events and are very much admissible and relevant as evidence. I agree with your comment to the extent that ""Using only the phone message as an evidence will not work". And while refraining from replicating learned members' posts and dissecting any individually, what I still disagree with is the casual manner of dismissing text messages as worthless and to be ignored (I leave it you to read between the lines in foregoing posts or read them as they are).

Pawan S (06292021602) (Advocate)     23 January 2017


I too concur with you that mobile messages cannot be ignored/disregarded. But whether it meets the criteria of the offence or not, that need to be identified first. 

Dear Querist,

Please confirm the below points

1. What is the date & the content of the last message that the husband has sent to the wife?

2. It will be nifty if you could mention the specific mobile messages "in exact words" along with the date, which she wanted to consider while filling 498A.

3. What is the date of filling 498A?

4. When they (the husband & the wife) got separated means the date from which they are staying separately?


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