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Divorce On Cruelty Filed By My Husband


19-Oct-2023 (In Divorce Law)
My husband filed divorce under cruelty on me. He has taken my past adultery 5yrs back as cruelty on him and his family. He has SMS data , now he is saying he will show that in court and he will get divorce easily . He is also saying ,I will not get any alimony and maintenance. Are SMS data enough for proving adultery. Is it valid ... without the authentication of me or the other guy how did he get the SMS record 5yrs back. Is it valid in the court pls advise me . He stayed with me after knowing the fact after that I never talked with that guy.
Answers (2)

Answer #1
637 votes
Hi
Sms data is not sufficient to prove adultery.
Also the SMS data is 5 years back and your husband cannot rely upon it now and the courts also will not consider the same as relevant.
Your husband has been wrongly advised.
In the alternative, you can always claim alimony on the grounds of cruelty(mere allegation of adultery is also cruelty in the eyes of law).
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Answer #2
759 votes
Hi,
Firstly did you saw the data what he is claiming and if so are you sure it is the same. Generally no person can get the details of other person until the court gives any specific directions. It cannot be taken as cruelty but under desertion, adultery he has to. Court will look into all aspects and will decide to conclude it.no need to worry if you want to live the matrimonial life. Please call us through website for further assistance.
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