• Evidence in divorce case

I  have filed a divorce case on the basis of mental cruelty. I have girl friend. On this basis my wife has lodged a complaint against me in the local police station, then me and my girl friend came to a conclusion we will not met, but still we talk over the phone, our numbers are known to wife too, CAN OUR MOBILE BILLS BE  PRODUCED AS EVIDENCE IN MY DIVORCE CASE?
Asked 3 years ago in Family Law from Chengalpattu, Tamil Nadu
Religion: Hindu
your mobile phone bills merely show that you have called her  often . it is not evidence of any relationship . you can be just friends
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
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well if and your girl friend are staying in same house it does show that you have been cheating on your wife . your wife will file a complaint of adultery against you . on what grounds have you filed for divorce ?
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
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In this case your wife has to prove before the court  that you and  yourfriend are stayed in a rented house and she has to examine the owner of the hose or some person near to your house or rental agreement etc......... One thing as my friend suggested on what grounds you have filed a divorce case  that is important here.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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No but one thing is that you have to prove the mental cruelty before the court........... if she produced the documents to show that you have an affair with another lady and making allegation because this reason then  i don't think you get divorce before the court.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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you have to prove mental cruelty . without going through averments made in divorce petition , evidence led by you in support of your case we cannot say whether you will succeed or not . if your wife is not agreeable for divorce it may take years for case to be decided . the fact that your wife wants to stay with you inspite of your many sexual escapades would weigh in mind of court while deciding your petition .
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
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well try to arrive at an amicable settlement with her . offer her decent alimony . she may agree for divorce by mutual consent
Ajay Sethi
Advocate, Mumbai
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1215 Consultations
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if court dismisses your divorce petition you continue to remain married . not necessary to stay in same house . you can offer her alternative accommodation
Ajay Sethi
Advocate, Mumbai
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your wife is not using legal remedies available to her in that case it is better to convince her for mutual consent divorce
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
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If you need divorce then prosecute your divorce case through your lawyer. What will be the outcome of a legal proceeding cannot be foretold by anyone. If the court dismisses your case you may file an appeal.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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