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498a whatsapp message and photos can be evidence for quashing


13-Jul-2023 (In Family Law)
Hi, My wife made a false case u/s 498a/34 and DP 3 & 4 on 5th July, 2019, just after 2 months of our marriage. I had whatsapp and facebook message till 30th June, wherein she is saying she loves me and my family and some romantic messages. Also had some romantic photographs too. Can this be used as evidence for quashing 498a? We can claim that till last week she was happy, it was because of some verbal quarrel against her going parental home, she got angry and slapped such cases? Also she went from my house on 3rd July to her parental house and lodge the case there on 5th. Can we say that had there been any cruelty, how could she go to her parental home and lodge the case there? Btw she is a qualified medical doctor by herself
Answers (3)

Answer #1
695 votes
Dear Client,


Right know ur case is pending before CAW cell you can gave chats and messages to police officer. Dear client before giving evidence please consult lawyer he will suggest u better. Dear client u can also file a cse under section 9 HMA which says that asking ur wife to stay with you. This case will help you in future. Dear client for more clarification u can contact me and I m happy to help u.

Answer #2
678 votes
Mere quarrel between husband and wife does not amounts to cruelty towards the wife and evidences of photographs of spending good times and romantic moments is always a good evidence on the part of the defence.. as she is by profession doctor she can procure medical documents on her favour, which might be used as evidence against the husband there is a chance of quashing of FIR but certain measures and representations are to be made to make it smooth .
Answer #3
516 votes
Hello, I have perused your query. Electronic evidence is admissible in the court. It has to be certified first. It is further not mandatory to certify it if it is directly in relation to the context. However, any electronic evidence written, printed or not can be admissible. For further information feel free to contact us.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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