• Divorce

I want to get a divorce and from my wife and because she is got a relationship with her cousin brother.
I just msg that is been exchanged by them and always i go for job she locks the room and she is on call.I wanted to know if i produce certain proof will be valid like
1.The FB and Gmail chats that they had can i take the screen shot and produce.
2.Can i buy her a new phone and install spy soft and track her msg and calls produce in the court.
Just wanted to check weather these documents will be valid because i wanted to prove something strong so i can get divorce from her.
Asked 2 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) FB  and gmail chars are not sufficient to prove adultery 

2) we do not advise you to invade privacy of your wife by installing spy device on her mobile phone 

3)  contact a detective agency and gather necessary evidence of her infidelity
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
1. Yes, e-mail and chat history is permissible in evidence.
2. To unearth offence, such tactics is legal.
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
4.9 on 5.0
All the electric or digital documents as email. Fb chatting or other digital evidence is admissible in court as evidence as per indian evidence act section 65 B.
Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
If you want divorce from your wife, go get it. Discuss it openly with your wife instead of trying to collect all such allegations. If she is ready, you can file for Mutual consent divorce and if she's not ready then there are other ways to get divorce too.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
1. Having FB chat with cousin does not prove that she is in adulterous relationship with him,

2. Such attampt to invade her privacy is illegal,
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
Ok, then do it and file a suit for divorce.
To gather evidence of wrongs of her adultery , you can breach her privacy.
This is perfectly legal.
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
4.9 on 5.0
why dont you contact a detective agency ? it will help you in gathering necessary evidence of her infidelity
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
If you're so sure, then contact a private detective agency.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
Aother problem with defective agency is that they never depose in support of the evidence they collect for you.
Without formal proof of evidence like photos, videos ny depostiion of the person taking those, the same are not admissible in evidence unless admitted by the other party.
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
4.9 on 5.0
we have informed  you that to prove adultery mere gmail chats and FB chats are not sufficient . In case of adultery very often direct proof  of the act can not be made out as it is a pure privacy acts betwen two individuals, as such circumstansial evidence can be put forth to prove the offence.  Proof that two people are “inclined” to commit adultery may consist of their public displays of affection. kissing, hugging, their love letters, the flowery cards they sent back and forth on Valentine’s Day, p*rnographic emails, trips taken together to places other than the mall, etc.
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
without any evidence you cannot accuse your wife of having an extra marital affair . since they are first cousins mere fact that they go out shopping together is no evidence of having an affair
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
Yes, first gather evidence and then file case.Without evidence your case may fall flat on its face.
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
4.9 on 5.0
1. What is your problem actually?
2. None of the things you narrated above looks abnormal,
3. Her father has the right to give his business or property to anybody he wishes to,
4. Without having any evidence, levelling such charge can take you to Court,
5. You can put spyware in her mobile. Nothing will happen if you get any evidence in support of your allegation,
6. However,if you can not get any evidence & it is proved that you had illegally invaded her privacy without any reason, then you shall have serious legal problem.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
You file for divorce under the ground of mental cruelty as she is arrogant with you, if she refuses to agree for mutual consent divorce.
You should first let us know what is your priority, proving adultrous relationship or getting divorce.  
Mutual consent divorce is best compared to contested divorce.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0

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