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conjugal rights

Querist : Anonymous (Querist) 05 November 2009 This query is : Resolved 
After marriage, I was informed by my wife that, she was unwillingly married me only sake of her brother. I told her to separate from now itself if you are not interested on me. She told that, it will hurt my brother & family members if I do so, I will stay with you happily and I agree that. She was visiting her mother’s place almost every week end. She never gave attention to me, my family or my house nor did neither contribute anything to daily livelihoods. I never asked for anything.
After delivery of baby girl, she never come to my house, as I request her several times she refused to come my house by quoting various reasons like there is no one to look after our child. I told her that, we keep our baby with my relative’s house, which is very near to our flat. She is refused this by saying I will not believe them. I was used to go her place to see my baby every week end. Whenever I visits there, my wife started ignored me and never told anything about our baby. This was hearted me, and I called them to have a family meeting to solve this problem and they never come for the meeting. One day her mother and brother come to my flat threatened me that your wife & child will come to stay with you. You return her gold ornaments and we will returned your mangalsutra later and this will the end of your relation.
I was filed a petition in Kalyan Court for conjugal rights. Against this they filed a petition with so many falls allegation on me like dowry, cruelty, abusing etc.
I have lot of proofs against her like her email letters, where she admitted that, she was unwillingly married me and phone call records of her relatives.
Kindly inform me, if the e-mails and phone call records are treated as evident in the court and also give your suggestion in the matter.

Thanking you,
A V Vishal (Expert) 05 November 2009
Yes the emails and phone call records can be produced and is perfectly acceptable as an evidence.
Sudharsan.m (Expert) 05 November 2009
Phone call records may not be accepted because of violation of personal liberty and also difficult to prove in the court and e-mails may be accepted if properly addressed and you have to take those mails from INBOX not SENT mail box.
Raj Kumar Makkad (Expert) 05 November 2009
Such type of various quarries have repeatedly been raised in this forum and evertime is has been clarified that phone call records and emails are legal evidence and can be entertained as such by proper court of law. The question of personal liberty has nothing to do with the offense committed by the person against whom such evidence has been collected.


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