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naren (Consulltant)     23 January 2012

Validity of proof like diary, letter etc in divorce case

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.


 16 Replies


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. 

naren (Consulltant)     23 January 2012

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.

Chaitanya_Lawyer_Mumbai (Lawyer)     23 January 2012

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

1 Like

galsober@yahoo.co.in (def)     23 January 2012

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

1 Like

naren (Consulltant)     23 January 2012


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

Ashish Chakravarty (Advocate)     23 January 2012

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.

galsober@yahoo.co.in (def)     24 January 2012

@ 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


naren (Consulltant)     24 January 2012

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.

Ashish Chakravarty (Advocate)     24 January 2012

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 !

dr.pawan rajyan (member and secretory)     01 February 2012

(1)diary/personal notes are evidence.                                                                                                                             (2)gooletalk is evidence.                                                                                                                                                 (3)if your wife is not earning then you have to give maintainance to her through sec 24/dv act/sec 1245/sec 25-hma.regards

Shantilal Pandya ( Advocate)     04 March 2012

 It is  a  settled legal position that maintenace is awarded irrespective  of the faults  or  otherwise of the  claimant , because the maintenance is  for  survival, even  divorced  wife is   entitled to mainteneance , no authority  is  needed for this  however  many  can be  cited ,the maintenace is fixed  taking into  consideration  the income  and means of the opponent ,  and the applicant as  well , the   other  legal liabilties of the opponent ,the  reasonable  wants    status and  living  standard  etc is taken into consideration  

 with  respect to  contested divorce proceeding , diary , lettes ,chatting text voices  etc  are  admissible  as corroborative  pieces of evidence in support of your  case  ofcourse subject to  proper ans satisfactory  proof of them ,

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 March 2012

If MCD is not possible file for divorce on available grounds.


If you take fear of maintenance, your whole life would be ruined



Shonee Kapoor
3 Like

dr.pawan rajyan (member and secretory)     07 March 2012

shonee is always right.,follow him.,he is master in hma cases.regards

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 March 2012

Not at all.


Andho mein kaana raaja maybe. No expert.





Shonee Kapoor


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