Can whatsap msg can be used to prove illicit relationship and cruelty?

911 votes

Mam there is nothing like he can insult you publicly because iN that way he will attract criminal charges against himself only..but as you said that he is willing to take divorce by mutual consent so you have a open proposal..u should not worry about the threats dat he is giving.. I would like to know more about the messages that you are talking about

Advocate Hemant Chaudhary LawRato

715 votes

In case he has already filed a case against you then you may contest it and when the court sends you the notice. You will also be able to see the contents of the whatsapp msgs on which your husband is relying.
Secondly it is for you to decide whether you want to stay in the marriage or not. When your husband does not want to remain with you so there is no way this marriage will work. However you have several remedy available with you in law to put pressure on your husband to settle amicably and specially by moving applications for maintenance etc.
Apart from that your husband has to prove cruelty w.r.t. you. He has to establish his case in court and he may be trying to blackmail you to sign for mutual consent but the burden of proof for proving allegations against you still lies on your husband.

Advocate Amit Kumar LawRato

775 votes

To prove anything by whatsapp messages first requirement is to have both the mobile phones on which the messages have been exchanged. Then it also depends on the contents of messages. If you genuinely feel your husband is being cruel to you, first you must report the matter in Women Cell of local police, rest of the things will follow thereafter.

LawRato LawRato

555 votes

Dont worry for sure all assistance would be given to you & if you are right from your side your all right would be restored & protected . Under the legal recourse & procedure & for any further information please feel free to contact me & fix an appointment with me.

Advocate Shaifali Gaur LawRato

866 votes

Hi,
Make sure that the message does not shows any "adult chat" and if yes then it can be a prove but court consider only after doing confirm that whether the chats were done by you or any other person, because chats it self not shows that it was you but voice recording can be a good piece of evidence in your husband's favour, so be calm and settle the matter outside the court boundary.

Regards
Puneet Sharma ( District & Session Court Delhi & Faridabad)
Advocate/Legal Consultant

Advocate Puneet Sharma LawRato