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Can wife's chat on whatsapp forwarded to gmail be used as evidence?
31-Jul-2023 (In Divorce Law)
Wife lewd chat on WhatsApp forwarded to my gmail. Can this be used as evidence for divorce? If not how do we make WhatsApp msg useful for this purpose?
It can be used as evidence for divorce. If you can get more such messages, email etc, you can present them as evidence to support your case. Apart from such evidence you will have to tell in details what are the problems created by wife. You can contact me on my mobile also.
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Adv. Suchit Palande
Chennai | 200+ Answers
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Such evidence can be used for character assassination for divorce on the ground of adultery.
Please remember, divorce proceedings are different from criminal proceedings. Here, there is no concept of proving a case to the hilt, unlike in criminal cases. In divorce cases, the court must be satisfied that the marriage has broken down "irretrievably", that's all.
However, you cannot initiate proceedings against your wife on the ground of adultery, as there would be a benefit of doubt in favour of the wife, and the evidence is not direct.
Please remember, divorce proceedings are different from criminal proceedings. Here, there is no concept of proving a case to the hilt, unlike in criminal cases. In divorce cases, the court must be satisfied that the marriage has broken down "irretrievably", that's all.
However, you cannot initiate proceedings against your wife on the ground of adultery, as there would be a benefit of doubt in favour of the wife, and the evidence is not direct.
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If the what's up chat forwarded to your email from your wife wife email account, it will be accepted as evidence. It can be use as evidence during the trial of divorce proceedings. Mere what's chat will not accepted as evidence.
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Adv. Selvaperumal
Chennai | 100+ Answers
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