Validity of proof like diary, letter etc in divorce case

Consulltant

Dear Experts,

I am planning to file for contested divorce based on mental cruely by my wife. My specific questions are

1. I got a sorry letter and her person diary in which she apolgized for telling lies & taunts by her. Is her personal diary and letter a valid proof in court. Also, in letter she has not mentioned about the specific lies in detail but only indicating towards them . If I tell her lie in detail in court, will court agree the with me or it will be upon her to prove me wrong.

2. I got a chat on gtalk in which she agreed for a severe mistake. Is chat accepted by court as a valid proof.

3. As per my understanding though I am filing for contested divorce and even if I win the case, maintenance is still to be paid though it is the other party at fault. I am earning decently. Is maintenance amt based on my salary or there are fixed amount based on city of residence recommended by govt. ?  What are the basic criteria based on which court decide the amount?

Please help.

 
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There are some defeats more triumphant than victories

In place of contested divorce better go for MCD.

In general she will get 1/5 to 1/3 of your earned salary as maintenance. 

 
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Consulltant

1/5th to 1/3rd, its a big amount. She spoiled mental peace, emotionally, financially and even if somehow I try to get out of it, it will cost me such a big portion of my salary.

I am willing for MCD but as she is at fault, she is not agreeing. Contested divorce is the only option left. Please guide me with regards to acceptance of personal diary, letters, chat etc as valid proof by court.

 
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Proofs like personal diary,letters,chat are aceeptable in family court.


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One thing more............if u get contested divorce by proving her cruelty, NO MAINTENANCE HAS 2 BE PAID........But there is a catch...........Sec 24 money can out from ur pocket while case runs....&.........very very difficult 2 prove cruelty 2 get divorce..........very lenghthy game too is it.

So MCD is best....explore the possibiilty, Good luk


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Consulltant

@galsober@yahoo.co.in

sec 24 what you meant by money can out from my pocket while case runs. Did you mean interim maintenance?

 
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Naren. you can use her diary and letter(s) as evidence however they will have to be proved like any other peice of evidence and once proved they ought to effect the outcome of the suit, as far as Gtalk is concerned, things will get a bit complicated here, as to how will you present the contents of the chat before the Court, if you are planning to get a print out, it might be difficult to prove it during stages of sdducing evidence, im not going to go into proving of evidence too much as it is something which your lawyer will handle eventually, apart from the contents of such chat, if your wife denied that the id is hers, then again it will be quite difficult for you to prove that the id is actually hers and was made by herself and used by her goodself too when such alleged conversation took place! I hope you are getting the drift, right? Anyway coming onto the next part of your question:-

Your wife will get somewhere around one third of your disposable income, this income shall be determined by the court on the basis of evidence available on the record of the court. If the court cannot due to some reason ascertain your real income then it will assume a notional income and make such order for maintenance, this figure of one third of disposable income is something which had been decided time and again by various courts including Hon'ble SC, however i beg to differ from Galsober, you may have to pay maintenance irrespective of the fact that who caused cruelty, as far as my knowledge goes no such differenciation has been made by the legislature/ courts, if there is any citation saying otherwise do kindly mention it.

 
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@ naren

Sec 24 is maintenence pendete lie: so called interim money one gets during the PENDENCY OF COURT CASE. Permanent alimony/maint is totally different.

@ Ashish

I still stick 2 my guns that : ONE NEED NOT GIVE ALIMONY/PERMANENT MAINT. IF HE PROVES CRUELTY 2 GET DIVORCE FROM GIRL

 
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Consulltant

Thanks @ galsober@yahoo.co.in , Ashish & others for guidance

 

@galsober@yahoo.co.in  can you please some reference, judgement etc to confirm this. I believe I have enough evidence to prove the mental cruelty.

 
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Galsober Im not saying that your view is erroneous, just want to know if you have a ruling supporting the same, i could use that too !

 
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