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Divorce case ...sms record is sufficient for proving adultery
14-Oct-2023 (In Divorce Law)
My husband filed divorce under cruelty on me. My husband and family members totured me from my time of marriage but I adjusted due to my son.But he wants leave me now telling silly excuses I am not interested in u just get seperated he is saying. But in petition he put many allegations on me. I have son of 10yrs old. 7yrs back I texted for 4 months to a guy we used to talk very closely . My husband got that SMS data of past 7yrs and saying he wants divorce . But after knowing about the fact that I am talking to that guy my husband had stayed with me and warned me to stop this . From that day I never talked with that guy . But my husband is harassing me on that issue and is saying he can easily get divorce on showing the SMS record 7yrs back
Hi
1) Mere SMS to a guy is not adultery.
2) Adultery is much much more and also that adultery (497 is scrapped by SC) and is no longer a crime and is a civil wrong and that proving adultery by the husband is next to impossible and courts will throw away your husband's contentions if he were to rely upon a mere sms.
3) So, tell your husband that your rights as a wife will continue and you are entitled to file the following cases against the husband and your inlaws
a) Section 125 Cr.P.C (Criminal) Maintenance
b) Domestic violence - Cruelty- Under this act, you will get residence orders to stay in the house owned by husband, maintenance till the suit is disposed, protection orders etc and also compensation for cruelty . please note compensation will run in to several lakhs and some times in to crores depending on case to case basis.
4) There are other remedies also and you should tell your husband to change or else he will spend the next four to five years running behind lawyers and courts and end up wasting money as no divorce will be granted on a mere SMS.
Hope this information is useful.
1) Mere SMS to a guy is not adultery.
2) Adultery is much much more and also that adultery (497 is scrapped by SC) and is no longer a crime and is a civil wrong and that proving adultery by the husband is next to impossible and courts will throw away your husband's contentions if he were to rely upon a mere sms.
3) So, tell your husband that your rights as a wife will continue and you are entitled to file the following cases against the husband and your inlaws
a) Section 125 Cr.P.C (Criminal) Maintenance
b) Domestic violence - Cruelty- Under this act, you will get residence orders to stay in the house owned by husband, maintenance till the suit is disposed, protection orders etc and also compensation for cruelty . please note compensation will run in to several lakhs and some times in to crores depending on case to case basis.
4) There are other remedies also and you should tell your husband to change or else he will spend the next four to five years running behind lawyers and courts and end up wasting money as no divorce will be granted on a mere SMS.
Hope this information is useful.
Helpful?
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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