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Unauthorized evidence gathered how to implicate person's name in case
13-Jan-2023 (In Divorce Law)
Hello, I filled divorce on Adultery ground. My wife left matrimonial home in month of April and informed me On November that she is 4th month pregnant. Immediately i filled the divorce case on adultery ground. At the time of filling divorce (in December), i didn't know with whom she had sexual relation ship. So i mention in Divorce petition that, " The respondent Voluntarily participated in sexual intercourse with a person other than myself" But now i came to know with whom she had sexual intercourse (by her call list and Culprit guy call list and face book. But these call lists are not authorized) Now i would like to mention that guy name in DVC Case which was filled by my wife. Please tell me, If i mention the person name, then the proof of burden lies on me...? and what are the problems i have to face by mentioning the name of that person...? (I have her face book account details and call list details(Unauthorized).
Yes, if you would implicated name , burden of proof only on you. If you you have audio , video can be establish under the evidence act. Otherwise when she pregnant , when your marriage was solemnizd , that difference can be establish her audultry , consult more and supreme court citations etc., thanks.
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Adv. Sharanagouda S. Patil
Bangalore | 200+ Answers
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If your wife has delivered the child then you can have a DNA test of yourself and the child. That should be sufficient according to me to get an order. Or else you should make the adulteror a co respondent in the petition and fight the case. You need not state that you have hacked her FB or calls. Even check the child's birth certificate and also check who admitted her to hospital and whom she has shown as father in the hospital records.
But if she hasn't delivered she may abort the child and you are screwed.
But if she hasn't delivered she may abort the child and you are screwed.
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Adv. Praveen Pinto
Mangalore | 25+ Answers
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Thank you for your mail. The lengthy answer unable to write over email which runs to pages and unable to speak/discuss over phone. Hence kindly meet us in our Office according to your convenience with prior appointment.
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Adv. Ransa Vasanthi
Bangalore | 25+ Answers
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You can seek permission of the court to prove that you have collected relevant data from social media that is facebook. Usually the court will allow you to lead evidence on the illegal relationship of your wife with third person. If for any reason your application is rejected, the Hon'ble High Court allow such applications under its Constitutional wide discretion powers.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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