LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raj Thakker (Executive)     07 April 2016

Mental cruality

Hello,

My friends wife had extra martitial affair , the only prrof he is having is his wifes Many photos with her boy friend where in he kept his hand on her shoulder etc...He showed this to his in laws they took away their daughter,Friend of mine asked for her Call history of previous 6 months as such period call history is only available,however they are not willing to give it.He has list of sms which he has sent for call history.Can he file divorce on ground of mental cruality because photogrpahs are their and they are not willing to give call history??What action should he take he tried to solve issue at family level too.There is 1 kid also involved.What is suggested course of action.Photographs are like one which is usually click of any married couple where giral and her bf's chicks touches each other etc etc..Apart from this he is having whats app chat where she use to thereat her husband that her wather will come with weapon and he is having audio confession where her father accepted that she has cheated his son-in-law



Learning

 4 Replies

saravanan s (legal advisor)     07 April 2016

with the available proofs you wont be able to prove adultery charges on her.the call history from the service provider can be got only through court and it wont be given to you.

Born Fighter (xxx)     07 April 2016

Raj, when you catch a wife of adultery do u expect her to provide u all evidences of her adulterous relation ? Its like asking your enemy to arrange for a gun so that u can shoot him.

 

If u want to save your marriage then the only option u have is to Pardon ur wife. The more u dig into the graveyard the more skeletons u will find which will only trouble you & ruin the relation . I know its a tough decision but u have to make up ur mind.

 

If u want to leave ur wife and then ur asking her for call details or spreading news about her adultery then she will most definately strike back with DV/498a, so be cautious.

 

If ur not interested to stay with her then u better go for MCD. Usko uski zindagi ji lene do. 

I always say this .....u cant and should not force anyone to stay with u if they do not wish to !!!

 

On the legal aspect , proving adultery in the court of law is a herculian task and u got to have solid evidences like video clips of any s*xual act/intimate scenes, love chats/verbal call records between wife and her bf etc etc. Dont waste ur time, either Pardon her OR go for MCD by involving elders.

 

 

Raj Thakker (Executive)     07 April 2016

Hello,

Mr saravanan s  as pointed out by you call hisotry will be given only on directions of court oder to whom me  or court??how many years call history can we ask say if from 2013 is it possible to get??In between she has changed her number and top of it they are not willing to give history dont court consider alll this as supporting evidence of extra maritial affair??

A walk alone (-)     10 April 2016

By showing call history adultery can't prove. With above evidence your friend can file divorce on basis of mental cruelty .

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register