• Divorce

If my wife have whatsapp messages as a screenshot,how can i refuses that this messages are not me.
I want that to give her divorce.but she is not ready.plz help in this matter in detail
Asked 5 years ago in Family Law
Religion: Hindu

3 answers received in 1 hour.

Lawyers are available now to answer your questions.

14 Answers

you can file for divorce on grounds of mental cruelty 

 

you have to prove allegations made in divorce petition 

 

contested divorce proceedings take 5 years to be disposed of 

 

if you have sent whats app messages you cnanot deny that deny that you sent them 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Well, that is admissible in court and cannot be denied. You can give ger divorce on various grounds as mentioned in the hindu marriage act. Kindly elaborate upon the controversy so that  a better advice can be given.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You can deny.  If she is putting that screen shot on record she has to prove the same

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

 

  1. Convince your wife to agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

2. In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

3. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

Shashidhar S. Sastry
Advocate, Bangalore
5108 Answers
314 Consultations

5.0 on 5.0

See in case she refuse to give divorce then you have to file a contested divorce against her on ground of cruelty or adultery and provide proof of same before the court. 

Further in case there are chats and messages against you you can deny same that wife has falsely created same and see has sent herself and created screenshots. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Respected sir... 

She have only screen shot in that your name and dp is shown denie that it can be done by some else cellphone if it showes your number then denie that i didn't text this... If you want her to give divorce then file petition under section 13-A of HMA that is A form of contested divorce... When you will file this she will be Automatically aggred to mutual consent.. But till that time you have to face her strongly.. 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

you can deny WhatsApp message screenshot there are number of applications through anyone can create fake WhatsApp chat. You can create Fake Whatsapp Chats and conversations and switch between them.

you can file divorce on grounds of mental creulty. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

state complete facts,

however, from the available facts, i advise you to:

 

as you want to terminate the matrimonial knot, then,

try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,

if failed, you have two options,

one option is to,

file contested divorce on the grounds of mental cruelty, but it will take around 4-6 years,

also once you file contested divorce she will surely file/claim

498a complaint 

Domestic Violence case

maintenance,

so be ready for them too,

and,

the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,

RCR will work as a safeguard to 498a, maintenance, DV etc 

Call/mail for a detailed discussion/understanding

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

 this matter is contestable and you have all the right to protest in case you want to move for the diverse and if you are  fulfilling the diverse conditions to file the diverse then you have to file the diverse in the family court on contested ground.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

The following information may kindly be read; it will helpful to you.

A divorce is among the most traumatic occurrences for any couple. To add to this, it can also be a long-winded and costly affair in India if the divorce is contested. Even couples that mutually agree to the divorce, however, must prove that they have been separated for a year before the courts consider their plea.

Types of Divorce Petitions

A couple can get a divorce with mutual consent, or either spouse may file for divorce without the consent of the other.

Divorce With Mutual Consent: When husband and wife both agree to a divorce, the courts will consider a divorce with mutual consent. For the petition to be accepted, however, the couple should be separated for over a year or two years (as per the relevant act) and be able to prove that they have not been able to live together. Often, even when either husband or wife is reluctant, they still agree to such a divorce because it is relatively inexpensive and not as traumatic as a contested divorce. Matters such as children’s custody, maintenance and property rights could be agreed to mutually.

There are three aspects regarding which a husband and wife have to reach a consensus. One is alimony or maintenance issues. As per law, there is no minimum or maximum limit of support. It could be any figure or no figure. The second consideration is custody of the child. This must necessarily be worked out between the parties, as it is inevitably what requires the greatest amount of time in divorce without mutual consent. Child custody in a mutual consent divorce can also be shared or joint or exclusive depending upon the understanding of the spouses. The third is property. The husband and wife must decide who gets what part of the property. This includes both movable and immovable property. Right down to the bank accounts, everything must be divided. It is not necessary for it to be fair, so long as it is agreed to by both parties.

The duration of a divorce by mutual consent varies from six to 18 months, depending on the decision of the court. Usually, the courts prefer to end mutual consent divorces sooner, rather than later.

As per Section 13 B of Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954, the couple should be living separately for at least one year before divorce proceedings can begin. Section 10A of Divorce Act, 1869, however, requires the couple to be separated for at least two years. Do note that living separately does not necessarily mean living in different locations; the couple only needs to provide that they have not been living as husband and wife during this time period.

Divorce Without Mutual Consent: In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions.

  1. Cruelty
    Cruelty may be physical or mental cruelty. According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse.
  2. Adultery
    In India, a man that commits adultery (i.e. has consensual sexual intercourse outside of marriage) can be charged with a criminal offence. The wife may, of course, file for divorce as a civil remedy. If, on the other hand, a wife commits adultery, she cannot be charged with a criminal offence, though the husband can seek prosecution of the adulterer male for adultery.
  3. Desertion
    One spouse deserting the other without reasonable cause (cruelty, for example) is reason for divorce. However, the spouse who abandons the other should intend to desert and there should be proof of it. As per Hindu laws, the desertion should have lasted at least two continuous years. Christians, however, will not be able to file a divorce petition solely for this reason.
  4. Conversion
    Divorce can be sought by a spouse if the other spouse converts to another religion. This reason does not require any time to have passed before divorce can be filed.
  5. Mental Disorder
    If the spouse is incapable of performing the normal duties required in a marriage on account of mental illness, divorce can be sought. If the mental illness is to such an extent that the normal duties of married life cannot be performed.
  6. Communicable Disease
    If the spouse suffers from a communicable disease, such as HIV/AIDS, syphilis, gonorrhea or a virulent and incurable form of leprosy, the Hindu Divorce Laws in India say that the other party can obtain a divorce.
  7. Renunciation of the World
    If the spouse renounces his/her married life and opts for sanyasa, the aggrieved spouse may obtain a divorce.
  8. Presumption of Death
    If the spouse has not been heard of as being alive for a period of at least seven years, by such individuals who would have heard about such spouse, if he or she were alive, then the spouse who is alive can obtain a judicial decree of divorce.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

With your name any number can be save than send negative messages and than a screenshots. If whole chat is available in print with proof of number than can be use in evidence.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

File a case under Section 13 Hindu Marriage Act seeking Divorce in family court through local lawyer. 

Don't admit the message snapshots. 

Deepankar Kataria
Advocate, Delhi
194 Answers

5.0 on 5.0

What are the message by which she is threatening you, p[lease remember that no such messages are admissible as evidence in court of law, hence dont worry about it.

If she is not ready for mutual consent divorce, then you may file a contested divorce against her on the grounds of cruelty.

 

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

If you want to divorce her without her consent then you need strong ground on which court will grant divorce otherwise your petition will be dismissed by court. 

And yes she can prove the messages and you can deny them but if they were sent on her number she can prove it by producing her phone in court. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer