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Divorce

Page no : 2

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 September 2011

 

i truly told about the conversation with my friend. how many days will take the diovrce procedure after make the divorce file in court? still i worried about my friend due to he is not deserve to come in court and give the explination. and he told me last week that plz save my name from your divorce procedure because he is afraid of court matter.


WELL NANDU, I UNDERSTAND THAT LACK OF KNOWLEDGE IS MAKING YOU JITTERY THAT YOUR FRIEND WOULD BE SUMMONED IN COURT. IT IS NOT NECESSARY THAT HE WOULD BE SUMMONED. YOUR HUSBAND WOULD HAVE TO SHOW REASONABLE AND COURT ACCEPTABLE GROUNDS TO SUMMON HIM. 


WITH WHAT YOU HAVE TOLD ME, IT SEEMS DIFFICULT THAT HE CAN BE SUMMONED.


in chatting conversation and mobile sms or call his name is mentioned. when my husband take his name to blame for our divorce then he require to come in court or what?


THIS IS A SPECULATIVE QUESTION, YOU REFER TO MY ANSWER TO POINT 1 FOR THE SAME.


can i marry againe after will get the divorce? and how many days gap will take between divorce and remarriage?


YES, AFTER DIVORCE YOU CAN MARRY, YOU JUST HAVE TO WAIT 30 DAYS APPEAL PERIOD FOR THE SAME.



what can i do after take the divorce from the husband if my ex-husband will enter in my personal life?


YOU CAN LODGE POLICE COMPLAINT BECAUSE AFTER DIVORCE YOU ARE NOT HIS WIFE AND IF HE TRIES TO DISTURB YOU, IT IS AKIN TO DISTURBING PEACE OF ANY WOMAN.


REGARDS,


SHONEE KAPOOR

HARASSED.BY.498A@GMAIL.COM

Adv. Chandrasekhar (Advocate)     20 September 2011

Two things I want to clarify:

1.  Once you get divorce decree, you have to wait for 90 days appeal period and within that period if your husband does not go for appeal, you can go for re-marriage.

2.  summoning your friend as witness:  It can be done by your husband.  Even though by summoning, he will not get any benefit in his favour, even then, he will summon him for pure "pleasure".  For that he need not to show any chat or e-mail or any thing.  Simply, if he puts in his written statement (reply) to your divorce petition, saying that your friend is the main culprit who spread lies about his adulterous life.  After saying this, at the time of his evidence, he can call your friend to prove his role in spreading "lies" about his adulterous life.

My purpose of writing this response is not to discourage you, but to tell the facts before you.  After the whole scenario, I suggest you to go for divorce.

nandu (general manger)     21 September 2011

Thank you chandu for your valuable reply on my comments.

Definetly i should take divorce against my husband in any situation. can u expline the things that my husband recover the chatting conversation between me and my friend. Chatting as a strong evidence in court to shown the lier of my friend which prove the adultery in my husband life?

how much time will take in adultary or criminal divorce case? please tell me true after the discussion in court my friend answer will be in weight or normal decision?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 September 2011

There is no criminal divorce case.

 

And it is anybody's guess how long a contested divorce takes. Your guess is as good as mine.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Adv. Chandrasekhar (Advocate)     21 September 2011

I am not technical savvy.  But with the little knowledge I have, I strongly believe that chats, sms messages, e-mails, voice-recordings cannot be proved in the court of law, if the party who will adversely affect if they are proved, deny his / her having chat, sending sms message, e-mail or  it is his/her voice.  There is so much hacking / tampering is going on in electronic data and the court cannot safely rely on those things.  If he / she wants to further strengthen her argument about hacking or tampering, can download a lot of data available on internet about how to hack or tamper electronic data and show it court that how easy it is to hack/tamper such evidence.  The most important thing is that the person, who adversely will affect if such data is proved, has to deny it at the first instance, so that the onus of proving the data lies on the opposite party, who wants to rely on it. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 September 2011

Adv Chandu,

 

It can be  proved. If not moved from original server.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

nandu (general manger)     27 September 2011

hello,

i require some help from the professional.

last week talk with my husband from my family. my husband will not agree to take the divorce against me and he given the wanr that he will prove the dignity of mine in courte like he will prove the chatting msgs (between me and my friend). he told me that i recovered the all data from the mail and chatting histiry in details.

please provide the information that it will be prove in court or what? and he will give the challenge about dignity like chat with my friend msgs.

is it possible? and how much time will take this types of the case in court. court will give the dicicsion on divorce against my husband? in case i will loss my case then what will happen?

plz provide information....

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 September 2011

It is pure brinkmanship Nandu,

 

Those who blink first in it, loose.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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