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Sms as evidence

Hi Experts

My wife filed divorce on the ground of mental cruelty. & made several false allegations against me & my family. I have contested her divorce.

Issues has been framed. Now she has to submit her evidences.

During our cohabitation, once we had a severe fight via mobile sms where we both have fought with each other over the matter of money for household (in which she was objecting on that she is contributing money for house hold which according to her i should not supposed to ask from her & i was arguing that she is earning so she is supposed to contribute towards the household expenses & nothing wrong in that . The amount was rs 4000 pm out of her salary of 20000.).

Can she produce those sms as an evidence & will that be consider as mental cruelty & harrassment for money?

Pls advise

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4 Replies

Laxmi Kant Joshi (Advocate ) 13 August 2014

Yes , she can submitted the sms as an evidence, and the same is admissible in the court, it will come under cruelty or not it depends upon the language used in the sms , as per your thread you had only suggest her to contribute some money for smooth functioning of your household items if it is , then it will not come under any cruelty , asking money to contribute for monthly household expenses from a working lady is not any cruelty upon her .

Sonia Saini (advocate) 13 August 2014

Yes the sms can be produced before the court as evidence in light of section 65/b of Indian Evidence Act. The question whether the sms amount to evidence of mental harrasment and curelty has to be determined by the court in light of facts and circumstances.

Regards,

Adv. Sonia Saini

SS Global Law Firm

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