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Anonymous (Other)     10 November 2012

Need a divorce

Dear Sir,

I got married in February 2012 after three months I found that my wife was cheating on me through SMS. She is having an affair with her boss. The moment she came to know that she has been caught she has deleted sms from her mobile. She and her parents started putting wrong aligation on us and have also threaten us if we don't get her back or pay an x amount of money they will harras us after that they have filed dowery in police station and domestic violence in court. We have answer their Dowery complain as we haven't received any call from local police station to answer. In reply we have filed 420 case in police station and divorce case as per 13b in court. I have zerox copy of her love letter which was written in the Feb. 2011 to her poss and couple of naught email from 2006 to 2010. In reply to their domestic violence we have put this as a proof but the proofs are older one. I am looking for content of SMS(as a current proof) from the mobile service provider as a proof how can i get that. At the same point of time what are the details and things i need to get as well as keep in mind in order to get rid out this situation.

 

Thanks



Learning

 2 Replies

Tajobsindia (Senior Partner )     10 November 2012

1. In my opinion S. 13 (b) HMA will not sustain as it is unilaterally filed. Maybe mistake in writing the correct provision of Law under which you applied for divorce here by you?

2. In my further opinion S. 420 IPC will not standout against backdrop of context.  

3. No Mobile Service provider stores contents of SMS unless security Agency have issued such Orders.

4. I also feel prior to marriage love letters and related stuffs as in your brief are bit shaky if Feb. 2012 you say you got married and marriage was consumated too.

Rest your advocate may have special skills follow them.

Chetan Joshi (Advisory/Advocacy)     11 November 2012

If they have filed a 498a, file an anticipatory bail ASAP... If your Lawyer has filed it under 13B, you need to reconsider availing service of some sane lawyer....

 

Do not get into un necesssary litigation....I dont think that the SMS can be revealed unless suggested by Tajobsindia...

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com


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