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Sanjay Verma (Law Student )     08 September 2010

threat - mobile and sms

Friends,

I am in urgent need of your guidance.

I am married, my wife is at her parents place these days, she has been regulary threatening me to ruin my life if certain things dont go in her favour.

I have recorded her voice over mobile phone - mobile phone conversation and i have a few SMS from her for the same.

Quiet a few times... she has threatened me for giving her money to aid her unnecessary expenses.

Whenever i oppose , she threatens me abt police complaint against me and my family , as of now she hasnt lodged any complaint , but i want your guidance on below mentioned matters

1) Whether mobile conversation and SMS is counted as legal evidence , in both of this she has demanded money and has threatened to ruin my life if i dont follow her wishes.

2) If she goes to police to file a complaint , will police call me first to ask abt what she says or they would lodge a complaint directly.

3) MOST IMP ---- As of now we are in good relationship kindly guide what kind of evidences can i create to make my stand strong if she visits police for false complaint.

I am very worried , pls help

 

 

 

 

 

 

 

 

 



Learning

 6 Replies


(Guest)

Sanjay,audio recordings and sms's are considered as valid proof in courts,but save them in some computer for safety and make CD's  also and take a confirmation of the sms's from mobile service provider company, if possible,difficult but can be done.

Buy a secret movie camera,is available in Ghaffar Mkt.,Delhi for rs.1000-1500/- only,U can make secret movies for Ur safety, I am suggesting all this as a defense, not as an attack,never try to misuse all these things.

1 Like

Sanjay Verma (Law Student )     09 September 2010

Dear Friends

Pls help...

Sanjay Verma (Law Student )     09 September 2010

pls help

vijay sahni (LAW PROFESSIONAL )     02 October 2010

Dear, You said you are still in friendly terms with our wife, so relax. Secondly Threating by any mode verbal or in writing ( print, display, code, digital, use of IT  )  is an offence, your SMS record are enough to nail your wife.

It is recommended that to safe guard your self against any misadventure by your wife in future, you should file a complaint with the local police station and keep the copy as record.  

gaury..fight to win (Education)     09 June 2011

can 5/6 years old sms be retrieved from service provider??please advice.I want to prove my adultered husband's affairs through the sms sent to various girls.

Saurabh..V (Law Consultant)     09 June 2011

@Sanjay

 

Yours is a well deserving case to get protection against misuse of law by unscrupulous wife. See my advice point-by-point below::

 

 

Q1.) Whether mobile conversation and SMS is counted as legal evidence , in both of this she has demanded money and has threatened to ruin my life if i dont follow her wishes.

 

A1.) Yes. They come under Evidence Act and legally acceptabel being in the electronic form.

 

 

Q2.) If she goes to police to file a complaint , will police call me first to ask abt what she says or they would lodge a complaint directly.

 

A2.) Generally in a matrimonial dispute, the police is required to provide counselling to both the spouses. But police on the contrary want to reap the benefits of your weak situation. They might arrest you directly without giving any notice for extorting money from you or may be after taking bribe fromyour wife.

 

 

Q3.) MOST IMP ---- As of now we are in good relationship kindly guide what kind of evidences can i create to make my stand strong if she visits police for false complaint.

I am very worried , pls help

 

A3.) Certainly, you cannot create any evidence. But you can only collect. So keep on collecting any and every evidence that you get when you interact with your wife like audio, video, letters, sms, emails, etc.

 

 

My advice is that if you have these proofs of her threatening you with dire consequences, demanding money, threatening to insult you and file case against you, then you should proceed to file a police complaint against her. You should state that you fear for your life and need protection from your wife. PLEASE NOTE after taking this action, your marriage would virtually come to an end. There woudl be no chance to revive it.

 

If you want to teach your wife a lesson and bring her back to live a life with her, then just file a complaint with family court and request for counselling session. In the counselling session you try to make her understand that you want to live with her and she should stop harrassing you and come back. If she genuinly agrees then good, else you know what to do (as discussed above).

 

 

//peace

/Saurabh.V


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