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(Guest)

Defamation case

My wife has been in an illicit  relation with a friend for more than 4 years. We were separated two and half years ago due to this illicit relation. Her friend used to call  her daily one to three hours and sent around countless SMS. I applied for divorce one years against my wife . Her lover appears and challenges me to prove that allegation or face defamation case.  Now he claims he never called her.  Two years ago wife accepted it , but she also denies it now.  What is the procedure to get call detail more 2 years ago and prove the illicit relationship. Appreciate your advices. Thanks



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 6 Replies

webc   10 July 2015

If you have copies of the smses or phone calls between your wife and her lover or any other proof, it is not defamation, it is news 

saravanan s (legal advisor)     10 July 2015

you collect evidences regarding her acceptance of committing adultery.make her lover also accept that he is having illicit relation with your wife.record all those calls.with the sms and emails they exchanged within themselves file a contested divorce on the grounds of adultery.also file sec 497 for adultery on your wifes boyfriend.


(Guest)

Thanks Saravanan for your reply.

The contested divorce case is going on and it is in the evidence stage.   Her boy friend is asking for evidence now. Earlier, wife accepted that she used to call and send message at odd hours.  Now she is backing her boyfriend as we are separated more than 2 years now.  My question is whether Private telephone  maintains the call detail that are around 2 years old and what is the procedure to get it legally and under what section.

 

saravanan s (legal advisor)     10 July 2015

i think they will maintain call records upto a year but i doubt whether they could provide the content of the sms exchanged between them.request the permission of the court to direct the service provider to provide the required details.

on what grounds have you filed divorce?is it adultery

 

1 Like

(Guest)

It is filed based on adultery and mental cruelty.

Sudhir Kumar, Advocate (Advocate)     12 July 2015

you get the reocrd of mobile company summoned in court.

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