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dec17 (student)     11 December 2010

regarding evidence

sir, i married to nri after marraige he went way with in 22days and later no communication he filed divorce that no consumation was done but consumation was done how can we prove that ,more over i stayed with my mother in law only and during that time she poured bioled water when i asked seriously regarding my husband why he is not sending visa papers and by the time due to many quarrels my husband brother lost temper and hitted with iron rod 4 stiches .this all happend to me even though in order to save marraige we did not file case and also my husband was not here so we did not fail case for one and half year i faced torcher in all the ways my husband left me here and no communication and mean while harrasement from in laws at last  i filed dvc and 498 after one and half year so now the trail is for dvc how can i prove that my brother in law hitted and poured boiled water  i have marksso pls me in evidence 



Learning

 6 Replies


(Guest)

Thanks Prabhakar

need more advice in this regard..

Kamlesh (Manager)     12 December 2010

Can Mobile SMS can be proven as evidence for adultery, if not, then under what act can this be taken as evidence.

Kirti Kar Tripathi (lawyer)     12 December 2010

for proving adultery the the contents of SMS has to be seen. Mere formal conversation with any person will not be sufficient to prove adultery. adultery is very serious allegation which has to be proved by cogent evidences.

Saar Saxena (Banker)     13 December 2010

if a lady is having telephonic p*rn conversation with a person other than her husband and commiting  to him to get married after getting divorce from present husband and get the same commitment by her parents over ph and on paper or chat conversation. Upto what extent such evidences can be used against her and her parents & how? Please guide.

Saurabh..V (Law Consultant)     13 December 2010

@Dec17

 

Your's is a case of utter abuse. You should proceed in below pattern :

 

- Delay in such cases have no bearing on your plaint. You can simply mention the reason that in quest of saving your matrimony you did not opted for a case.

 

- File a private complaint with the Magistrate of the locality where these incidences happened.

 

- Take a copy of that complaint to the embassy of the country where your NRI husband has flown. The embassy would be pleased to assist you trace him and serve a legal notice with regard to your private complaint with the Magistrate.


- Plead before the magistrate in your plaint to suspend the VISA of this person so that he is forced to come back to India and face the consequences of his in-human deeds.

 

- Also mention the atrocities gone through by you de to harrasment by your in-laws.

 

I hope a sensible Magistrate would certaily order the police of the local jurisdiction to lodge a complaint under 498-a, 506, 326 and other relevant provisions.

 

All the best and may god bless you with peace and harmony..

 

 

//peace

/Saurabh.V


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