Messages to wife in night

SMS can be a valid evidence under section 65 (B) 1 of the Indian Evidence Act, 1872.

Talk to Cyber Cell & try to convince them with your reason.

I want to know their thoughts before I provide any valuable suggestion on this. 

Dear Ekta ,

Cyber Cell has told me that will give my oplolozies to girl once she will come , how ever my lawyer said that i am still her legal husband and can send the messages and can even ask her to go on honeymoon once again as we have not filed any divorce case yet. But is this acceptable in court ? Or should i stick with the same statement that my brother has sent those messages . Please provide me the remedies i am so tensed. 

Please let me know the exact content of each & every messages.

Regards,

Ekta

Dear Ekta,

The content of all the text are vulgar and s*xuall 

I recognize that the contents are vulgar.

Text/SMS shows the face of passion, of the sender. Also one can gather hint to whom these messages are meant for by looking into the text/content & whether these messages are committed intentionally or mistakenly. The total count of the messages is also significant.

So, one should also know all these (supra) before deciding how to proceed in this case & creates the story from a defence perspective.

mere mental disturbanc eis no consequence.

He was capable of using cell phone and writing message.  So he is not insance enough to get criminal immunity.

He can be jailed on your evidence.

You have to beg for her mercy.

Dear Sudhir & TGK REDDI sir, 

I agree as it sounds stupid that person who can handle phone and can send messages cannot verdict as a depression pateint,however i am a brother so i know how my family and me are handling him and  he is suffering from OCD-( Obsessive compulsion disorder) . 

As TGK Reddi sir has quoted well that he has takej my phone and sent the messages , but now the question is how to defend this message case  in court  , i am sure my wife will raise this flag in court in next month hearing. 

How to defend this ? what story i can make to turn this down ?  plz share me your expertise with me to defend and to save me family and i am sure something would be there in your mind who can save me . Please help 

Please do not misinterpret what I said

i said"

"So he is not insance enough to get criminal immunity."

I never said that "cannot verdict as a depression pateint"

He may be a depressin patient Bu the was concious enough to know:-

1. This is a mobile phone.
2. this can be used for sending message.
3. this can be used for insulting  someone with vulgar mesage
4. how the message is written
5. how a vulgar mesage is written for insulting someone.
6. who is to be chosen for such insult.
7. how the message is transmitted
8. how this can be done without you letting know (or not stopping him)

He could successfully execute this crime. 

He has created a tough situation for you. Any court will be justified in cancelling your bail on learning about this.

Your statement that he used mobile for this crime and the he will go in lock up.

If you cannot handle him then (it may sound not good to you) take help of Govt. Govt has created a deptt called police.  They employ the persons who are well trained and paid for handling such person.

One night in remand in Police Station on this crime he will never touch mobile again in his life.

or else

Beg for her mercy.

"How to defend this ? what story i can make to turn this down ?"

This forum is not for teaching how to make false stories.

"i am sure my wife will raise this flag in court in next month hearing. "

It will be stupid for her to wait for next hearing.  She can first have you in for this crime (with/without brother) then later plead cancellation of bail in 498a.

On one side you are saying that you just asked for honeymoon once again and other side you are maintaining that contents are vulgar.

Dear Adv. Gonjare ,

You have provided the relief breath , altleast a sympathy. You are right as womens are allegating the mens in the false cases and always wanted to end realtion by accepting the huge amount. Its been almost 2 years i have been fighting the case in court and have rejected her plea of Interim based on her high qualification . 

This messages has truly creates the trouble for me now yet i will surely abide the same guided by you -Adv. Gonjare  in the court by my lawyer. Just confused sir, if you can please make it clear 

"Never admit wrongdoing as that create more trouble for you than messages"

You mean should i denied all the messages sent to her from my number ?? Cyber cell has taken my statement that "This phone number belongs to me and have been accused of 498a, & DV case and i have sent the messages to wife ". 

Please guide and sorry for asking it again 

Dear Adv. Gonjare ,

I got it and tons of thanks .