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Ravindra Malve (Data Recovery Expert)     24 December 2011

Needs mobile call/sms records of respondent.....? how....?

Hi Friends,

At first thanks to all those people who helps here to eachother w/o expecting any selfishness.there devotion towards forum is wonderful.


Now my question...

I have filed an application under section 9 to plead the court  for requesting my wife to come at OUR home.

The truth is that she has been taken from OUR home to her parents by brainwashing her during her 10 days stay at parents home.This incidence is 1 year old.After this incident I immediately taken help of all means to bring her back,but in vain.At last after 6 months ..in May i filed for above mentioned.

During these days i was consistently tried to make contact to her.But her parents made all efforts to ruin my tries.They even didn't received a single call of mine from nearly 1000 tries.During this period i sent some SMS too which I archived onmy Laptop and also have proof of sending it(my mobile records). my problem is I want to show the court even I tried by calling her.But neither call has been received at all ?

So How can I obtain her mobile records ?(Mobile SIM is purchased on her fathers name)

And can I be able to obtain unreceived calls record?Do these company maintains log of it?

It will be very beneficial for me in my case.

 

please guide.



Learning

 11 Replies

Ranee....... (NA)     24 December 2011

unrecieved call is not kept in record.Sms sent by u will be beneficial.

Aakash (CEO)     24 December 2011

Assuming you procure such details(missed/call details etc) and then girl says you kept calling her and harassing her about dowry and threats  of facing the consequences/kill her etc etc? I am sure this would prove the girl is right and you were so naive you submitted the proof on her behalf. (Again I am not knowing one percent of indian law, I m just giving you a scenario and I may be totally wrong here)

 

dipender kumar (advocate)     24 December 2011

In RCR case, often you peopole get confused is about burden of proof.  The burden to prove is only to the limit of "preponderance of probability" and not "beyond reasonable doubt".  In RCR case, you have to prove that she has left the matrimonial home without any reasonable cause.  Simple statement in your petition is enough to prove this fact.  She does not deny this fact in her reply/written statement.  So this fact is proved.  Now the burden shifts to wife to prove that there is a reasonable ground for her to leave the matrimonial home.  So, the law does not demand you to prove that you put seeral attempts to bring her back.  Even then, you want to prove this fact.  that is well and good.  By showing your sms record, you can prove this fact. simple statment in your petition that she has not resoponded to your smses  despite sending several SMS messages sent her prove your fact.  Now the burden lies on her to show that she responded to smses by showing valid proof before the court.

Dipender, Advocatedkarvind17@gmail.com

rajiv_lodha (zz)     24 December 2011

I do not agree with these comments. U r rite that boy has to say- she removed herself without reasonable cause. But dear the story after wards is not so, she never admits this fact in her reply..REMEMBER THERE IS AN ADVOCATE THERE TOO BESIDES HER.

Easy solution to deal with, she states that U & Ur family harassed her for Dowry & DV.............endless sob story starts. There is no practical fate of this RCR.

regarding SMS proofs, these wont be of much help as Akash has replied. I agree with him!

Shantanu Wavhal (Worker)     24 December 2011

agree with Rajiv Lodha & Akash.

saved SMS may be useful

dipender kumar (advocate)     24 December 2011

Rajiv Lodha - "Easy solution to deal with, she states that U & Ur family harassed her for Dowry & DV.............endless sob story starts".

IS THAT ENOUGH TO PROVE A FACT EVEN AT THE QUALITY OF - "PREPONDERANCE OF PROBABILITY"?  

If she says that she is harassed for dowry and there is domestic violence, she has to prove it, if possible by documentary evidence or by circumstantial evidence.  A story created and mentioned in reply by the wife does not deter the court to come to logical conclusions.  For example, if she says that she is harassed for dowry, on that point the counsel for husband will thoroughly cross examine her and can expose her.  So do not worry about those points.  If a lie is there, a capable advocate  can bring out the truth in cross examination.  I confined my advice about the quantity and quality of evidence.  I am not talking about the fate of RCR or the difficulties in execution of RCR decree.

Ravindra Malve (Data Recovery Expert)     26 December 2011

Thanks all for your valuable suggestions.

Let me tell you,whenever we tried for bringing her back she created many different stories to divert attention from issue.In a last hearing in family court regarding section 9.She told lies that I am abusing them in court premises.Actually her MAMA always accompany her and tries to abuse me.She put these statements when judge was asking her proper reason for leaving home.It was horrible.

mohammed qadeer.M (legal practitioner)     26 December 2011

Dear Ravidra Malve....

Brother may be i am hurting but do u beleive that this lady who insult you before the court and had defame you by making you to step in the court of law will keep you happy in your future life....the decision is your's but brother i would like to suggest you please think for while for your future...let us assume the court passes the order in your favour then whether you can live happily with this lady against her wish to continue the marital life with you...brother may be hurting you but this is the fact i am happy to see you are so caring and loving to your wife and want to continue with your marital life but the same emotions and feeling should come from other side also....  It's your life see more than a year has passed and we don't know how much of the time will court takes to pass the order...it's better to settle the problem by way of concilation through the elder person in the family and society and start a new happy life...i wish you may God soon make your life full of happiness....I agree with Akash and Rajiv Lodha sir the records of sms and call can have negative inference on your case and the court takes liberal view for the ladies....

1 Like

Ravindra Malve (Data Recovery Expert)     26 December 2011

Yes Friend you are absolutely right.Have you noticed ,I filed application after 6 months of her departure.In that 6 months I tried by every mean to settle the score.I went personally twice and elaborated them about consequences,then through our caste's elder person,through my brothers intervention,through police's Mahila dakshata samiti....after all tries I came to this conclusion for filing case.Any say over this?

mohammed qadeer.M (legal practitioner)     26 December 2011

Ya dear i have noticed...if the lady is not interested to continue marital life with you then what is the use even if the court passes the order of RCR in your favour...I suggest you try to convince her last time if she doesn't want to come back to you then withdraw the RCR case and file divorce petition and obtain the decree of divorce and start a new life with a gentle lady who can understand you and live with you.....

Ravindra Malve (Data Recovery Expert)     28 December 2011

Yeah I Know,But let it be I am giving her this last chance.If she dont wanna come,she should file for divorce.Let the court press her.I should viewer only.I think Thats the best strategy.


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