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rameshkumar (test)     29 March 2015

SMS EVIDANCE - PLEASE GUIDE ME

Dear Experts,

 

My wife is separated from me for past 1 year and I have filed a case RCR but there is no use since my wife has not come to court as she plans to drag the case.Basically she is very arrogant and tortured me a lot verbally and physically.Now I decided to withdraw RCR and proceed with a divorce case.

 

Unfortunately once we were talking on phone, she abused me verbally and I disconnected the call.I didnt attend the call for next 2 days from her.That time, with anger,I have sent SMS like 'you are a mad dog','you are a psycho',  'If you continue speak like this i will beat you with chappel one day','i cannot speak with you anymore'

 

I don't have any proofs of her scoldings as all were direct and telephonic conversation between us.

1. Se has this SMS in her phone.Can she file a false 498a case on me based on this SMS evidances? 

2. If she files such a case, can I deny it saying "I did not send this SMS and this one is fabricated by my wife"?

3. According to law, what is the value given for this SMS evidances even after a forensic verification?

 

Please guide me how to handle this situation and safeguard myself.



Learning

 12 Replies

sandykrish (Interested in Family LAW)     29 March 2015

Learned Judge will tern both of you terminally mentally Ill people. Who suggested you to apply for RCR, only to create evidence for filing divorce and avoiding maintenance. Now you know where are you, you know what is mean by RCR technically?? I'd rather suggest you to continue to the RCR and take decree and then simultaneously collect other evidences to graduate to the next level. 1. Yes she can use it judiciously. 2. How can you deny and say it is fabricated, she can summon service provider to get the details. You will be roggered. 3. SMS evidences are still considered as a solid evidences as per Indian evidence act.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     29 March 2015

1) yes 2) no since Elec evidence 3)depend uupon judge

FREDYCHARLES RK - Bangalore (Advocate)     29 March 2015

Hi, Sandykrish is right too, but don't feel bogged and beaten down on your withdrawal. Nowadays 498A fury is fiery in the hands of this gender. As someone said vengence from a women like "..Hell hath no fury like a women scorned...."  I empathize with you as to reproduce .... for a man the greatest treasure is his dignity and his precious perfume is his small little honor and respect .

Well, if you have recalled your RCR then plead for Divorce emphasising in your plaint that you are approaching the court with very clean hands and good bona fide reasons. The cruelty is evident. 

In case you prefer to call please feel free to at 9886627403 or mail me at fredycharles@yahoo.com

fighting back (exec)     29 March 2015

why on earth did you file RCR, didnt you use common sense or logic before filing such section on your wife? it directly means that you want to live with your lovely wife inspite of all her torture to you!!!!

yes, she can land you in trouble with that SMS,  you yourself have given her that ammunition to fight against you.. the forensic report will very well be positive with the mobile containing the sms, and good enough to nail you, 

rameshkumar (test)     30 March 2015

Experts,

Thanks for your reply.I have filed RCR only because I wanted to live with my wife and as advised by my advocate.But in the past one year, she didnt come to court, she created bad image over me (with her lies) within our relatives circle ,she never shown my child and tortured not only me but my innocent parents too.Now I decided not to live with her any more and face anything.If I need to wait for RCR decree, I will have to wait for another one year since she is playing smart game by not appearing in court as advised by her advocate.

Below are some questions which I need answers and guidances since I wanted to withdraw RCR and file divorce based on desertion and cruelty:

 

1. With that SMS , she can prove that I have scolded her. Thats Fine!. But I have not scolded her asking for gold or money or anything which can be termed as dowry.She scolded me and I have given it back.Thats it!.In this scenario, how can she file a 498a on me?What this act 498a says exactly?  How can a man be booked for normal wear and tears of a family?

 

2.Moreover I have been trapped in to bad situation unknowingly.Let her file 498a. Please advise me how to face that and what can I say judge? I request you to help/suggest me to face this worst gender biased law.

 

3. @FREDYCHARLES RK:-

You have stated "if you have recalled your RCR then plead for Divorce emphasising in your plaint that you are approaching the court with very clean hands and good bona fide reasons. The cruelty is evident."

 

In your above statement, which one you mentioned as cruelty and whose cruelty is evident?

yogendra (engineer)     30 March 2015

bhai agr woh mobile aur sim agr wife ke name se hai tab kuch hoga varna kuch nahi hone wala...

yogendra (engineer)     30 March 2015

498a to ho jaayega...prove bhi usko hi krna padega...

rameshkumar (test)     30 March 2015

Sir,

 

Please can you post message in english. Sorry I couldn't understand Hindi

fighter (Software professional)     30 March 2015

If sim card on the name of wife than only you may be in problem.But for 498a evrybody can file case.there is no need to worry.

kalyan (engineer)     30 March 2015

Dont worry. Electronic evidences will not give much credits in matrimonial disputes. Now a days judges know very well that 498a are used by females just to threat. Dont worry and hereafter if you want to do something, think twice and do.

rameshkumar (test)     30 March 2015

Experts,

Thanks for your reply.I have filed RCR only because I wanted to live with my wife and as advised by my advocate.But in the past one year, she didnt come to court, she created bad image over me (with her lies) within our relatives circle ,she never shown my child and tortured not only me but my innocent parents too.Now I decided not to live with her any more and face anything.If I need to wait for RCR decree, I will have to wait for another one year since she is playing smart game by not appearing in court as advised by her advocate.

Below are some questions which I need answers and guidances since I wanted to withdraw RCR and file divorce based on desertion and cruelty:

 

1. With that SMS , she can prove that I have scolded her. Thats Fine!. But I have not scolded her asking for gold or money or anything which can be termed as dowry.She scolded me and I have given it back.Thats it!.In this scenario, how can she file a 498a on me?What this act 498a says exactly?  How can a man be booked for normal wear and tears of a family?

 

2.Moreover I have been trapped in to bad situation unknowingly.Let her file 498a. Please advise me how to face that and what can I say judge? I request you to help/suggest me to face this worst gender biased law.

 

3. @FREDYCHARLES RK:-

You have stated "if you have recalled your RCR then plead for Divorce emphasising in your plaint that you are approaching the court with very clean hands and good bona fide reasons. The cruelty is evident."

 

In your above statement, which one you mentioned as cruelty and whose cruelty is evident?

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     26 July 2015

@rameshkumar, NEED NOT WORRY because your message is NOT direct. 

Your message is based on IF & BUT.

You said to your wife that if you speak like that, then you will do that.

 

It is NOT a proof that you did anything.

 

Further, You can fill in the blanks yourself.

If within your WS anywhere u have nentioned that your wife mistreated u or used to abuse or threaten u etc then of course you can fill in the blanks

i.e., if your wife relies on that message then you can say that SHE SAID THIS THAT only due to which u said that.

EXAMPLES:-

She might have threatened to commit suicide so in order to stop her from doing such extreme psycho act u saved her life & ur intention was purely to save her as u love her & despite her psycho or threatening behaviour u want to keeo her with u.

 

It's your life. Make your story yourself. Get help from experts. But sail your ship yourself. Narrate your story from your perspective, If u do not like the reply from any expert or if u feel scared on reading reply from any expert then do not follow that advise. Listen to all. But do what your heart says. My best wishes are with u. Kindly update ur present status. Thanks


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