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ricky (sw engg)     08 November 2013

Is it fine to call back numbers on wife phone?

my wife was receiving many calls and sms form unknown numbers. she saved these numbers by the name of her real brother and other girl names. when I followed those numbers, they were not of her brother , but of her classmate (guy). 
so calling back to those numbers, does it amount to mental cruelty on wife as per indian law 498a, does it subjects to evidence in 498a (dowry demand law) against husband. she always needed divorce from me. her classmate (boys) were telling her that I was not a suitable choice for her. she was in college for 1 year after we got married. she was ignoring me and avoiding me. when i tried to get close to her. she filed false cases dowry case. she did drama by eating some tablet when she was with me. she was successful in making a MLC in private hospital and me and my parents are on bail. i filed divorce case after this incidence. i have some call records where she and her parents complaining me that i was calling her classmates to investigate and verifying their numbers? does this proves that this was the issue between us, not the dowry. no dowry was ever taken from her/her relatives. no money taken from her/her relatives. i have even given her college fees.

Additional Details : 

this was arrange marriage. she is not a child. her age is 22 years. 
after ring ceremony she had time to decide , marriage took place after 11 months. 

I don't know why she did it to me? 
I asked many times. but she was just ignoring me and wanted to stay in other city. 
so I guess these may be reasons? 
a) 
if she likes me and there is no one else in her life.  she keeps on insisting that its her private life and i must not interfere.
--then she must had talk clearly and should not play smart by hiding her interactions. she should not hide SIMs and other people 's  identity. 
--it creates unnecessarily confusions between us.
--solution is loyalty of both of us to each other. 

b) 
if she was not liking me and it was forceful marriage 
--then she should had talk to me directly and i may had helped her to find her happiness somewhere else. solution was the divorce. 

c) if she was liking me earlier but now she did not find me compatible for her
--then also I believe she must kick me out of her life but filing divorce is enough for me to suffer. 
--filing dowry cases and letting my whole family suffer and spoiling my whole life in courts is no way justified

 

d) if she was in some broken relationship. then she married me . but her old hero comes back in her life. 
--then she can ask for divorce and may had told me the truth. 

1) her parents wanted her to continue marriage 
-- she can not live two lives 
2) she can not trust me 
-- then she reserves no right to play with my life. 
3) she need more time for transition from old friend to me 
-- 2 years passed after ring ceremony and 1 year passed after marriage. her demand of time is not realistic. 
4) she want to be fair for both of us 
-- this will not work. i am no fool. 
5) she is confused. 
-- she must decide on time . 

e) she wanted to live with me . but trying to make me slave of her. 
she is just showing me the illusions. 
-- not acceptable. illusion are torture for me. her such cruel behavior is not justified. 
f) her friends are creating the illusions 
--they are spoiling 2 lives 

e) when i asked her why she is filing these false cases. 
she said because now her parents supporting her , so she will do whatever they say. 
-- all this to blackmail me is not justified. 

what ever the reason her parents will be the biggest enemy of me. they will lie everything to support their child. 
and i am the victim. 
all women organisation support such crying ladies. 
courts / police listen to such crying ladies. 
women cell just to support women even if victim is the man 


now she is blackmailing me to accept her then only she will take all cases back. 
-- if I accept her I will be more than GOD. 
 
please tell :shall i give these call records   ( where her parents blame me that i am not trusting her ) which are in my laptop . i have copied from phone. and phone is broken. does these can records make any sense or can be a proof in courts.
these call they blame me why i am not trusting her and calling her friends.
and her symptoms and interactions with boys (friends) on facebook/ different SIMs were very touchy.
can these call records save me to quash 498a?
 
Please reply.
thanks for reading this and guiding me  in advance.
 


Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     08 November 2013

Now it is you to decide about your future and your married life with her whether to continue it any more or to discard it forever.  If you say that she tortured you by giving false complaints against you and you had to undergo all types of tortures due to that, it is better to get rid of her once for all.  Do not worry about the false cases, you contest the same with the evidences in your hand and also by cross examining her and her witnesses to the core, take the help of a very prudent and sharp lawyer to fight your case.  Tell her that it will be better for her to live with her paramour itself instead of living an uninterested life with you.

Samir N (General Queries) (Business)     08 November 2013

The reason you are in this Sh*T is because you have been very unmanly with her.  The moment you found out that she was having a "private affair" you should have taken her phone, thrown it out and given her a nice thrashing. Literally. Then you should have dragged her by her hair, brought her in your bedroom and given her an ultimatum: Screw with this man or stay with me but not both. After giving that ultimatum, you should have thrashed her even more and also called her parents and told them that you were giving a beating to their daughter for having the courage to have an affair behind your back.  The first time they would probably not be ready to tape your threats. After all this thrashing, you should have told her that the next time you saw or heard her do anything with this guy, she will not have a choice. You were going to throw her out of the house and then she can f**k as much as she wants with whoever she wants. Even now, that should be your attitude. Do not take this lying down. You are not a person to be used and abused at her will. 


If her college friends were telling her that you were not the right guy, tell her she is free to go and find the right guy as long as she does not ask for any maintenance or compensation of any kind. Tell her that let her "mr. right guy" take care of all this.  MISTER... be tough... real tough and the problem will take care of itself. Be soft and she will be all over you. Thats what is happening now. 


If she wants to come back now, tell her you need two months to think over it. But do not say this in writing. Then when two months pass by, ask for another two months saying that there is a girl in your life and you are not sure now and that you need some more time to decide as this girl is really in love with you... Actually go ahead and find a girlfriend and enjoy... 


Samir N (General Queries) (Business)     08 November 2013

As for her threats of false cases.. Adv. Kalaiselvan is on point. 


(Guest)

When you cant control your wife, its better to file for divorce, which you have already done, such call records if obtained can be useful for getting divorce.  Dont be afraid, these false cases wont stand, but you will have to fight it out, no other option other than this for you.


NEVER ACCEPT A 498A/DV WIFE BACK.  THEY ARE FIT TO BE ALONE AND NOT MARRIED.


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