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Questions Regarding divorce alimony and can court consider call record


23-Aug-2023 (In Divorce Law)
My husband tortured me also Intimidate and get information about before marital affair and all information he recorded without knowing me.,now he want divorce but I think he use that recording against me for divorce as adultery.(my marriage is only 1yr old and his nature was daubtfull against every girl) In this situation what I do?If I decide to take divorce then can I get allimony from my husbund? Can court consider the call recording as proof against me?
Answers (3)

Answer #1
756 votes
Madam We appreciate your courage and respect your time. The first issue is of a confession that was obtained by fraud, intimidation and torture is not something that is admissible in court as evidence. Court accepts evidence as per procedure that are laid down under the Indian Evidence Act. In case you do decide to divorce your husband then yes most appropriate that you are entitled to alimony and maintenance. We suggest you consider contacting us and meeting us to discuss further.
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Advocate Ankush Subodh Pal

Adv. Ankush Subodh Pal

LawRato Mumbai | 50+ Answers
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Answer #2
631 votes
hi in this case your husband cannot use the recordings which has your premarital relationships. premarital relationships are not adultery therefore no ground for marriage. you can claim maintenance while pendancy of the case and also permanently you may also apply for restitution of you do not wish for divorce
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Advocate Rohit Shaligram

Adv. Rohit Shaligram

LawRatoPune | 5+ Answers
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Answer #3
896 votes
considering the Record will be at the stage of Evidence which will come after too later stage . not when the case is immediately filed. I would suggest you should not go ahead for the Divorce. if you people are living saperately I would suggest you should file domestic Violance case and ask for interim maintenance.
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Advocate Akshay R Kapadia

Adv. Akshay R Kapadia

LawRatoMumbai | 100+ Answers
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