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Wife cheating sending nude pictures to her friends what should I do
24-Mar-2023 (In Divorce Law)
Hi, i am married from the past 4.5 years. she has been asking for divorce from the year 1, but i refused to give the same. recently i found on her phone that she has been sending chatting with him a lot more than a friend.. i also found that she has sent him her nude pics.. many times... can i get divorce without paying the maintainance charges. she left her present job. she likes to work under him. i had all these discussed with her sister. then her sister also warned her. i did forgive her and accepted her. after 5 months i found another cell phone which she is using to talk to him
31+
Adv. Govindaraju K
Bangalore | 100+ Answers
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Their nude picture is good piece of evidence. It is relevant under section 62 of evidence act. it constitutes the ground for filing FIR for the offence of adultery which is punishable under section 497 ipc, if their pictures are taken after your marriage. You also get divorce on this ground, adultery is valid ground for divorce under section 13 of Hindu marriage act(HMA).
If it is taken before your marriage then no offence of adultery is made out but you can file divorce on the ground of her immoral character. If your marriage is not lasting more than one year then you can file petition under section 12 HMA for annulment of marriage because good character is essential criteria for marriage.
Messages on Whatsapp, Facebook, even skype chat are now easy evidence permissible in court. This is called digital evidence and it is helping court in a big way to decide adultery in divorce cases. Digital evidence accompanied with other circumstantial evidence form strong basis for taking presumption towards adultery under section 114 of evidence act. once those evidence is admitted by the court thereafter it can be used for any other purpose like under sec 125 crpc for refusal of maintenance,
39+
Adv. Srinivasa Kudva
Bangalore | 100+ Answers
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