it is not evidence of cruelty in post marital life
2) better call off the relationship
Can premarital fights be considered as valid proof of cruelty while taking a divorce after marriage?
I have been in a relationship with my girlfriend for the last one year and we were planning on getting married in the next 1.5 years. But we often indulge in fights on silly reasons. Most of the times it is either about my lower caste(she says lower caste people are abusive) and sometimes our fights are about me being a Bengali(she often says Bengalis are sex addicts). This behavior of her despite me helping her in every possible way including monetarily(she is struggling financially too) makes me question her love for me. But I have tried to act decent. We had a fight last night where I got very angry and out of retaliation I used abusive words and also told her to stop talking or I will kill her and her entire family. I also happened to say that my family has connections. But that certainly isn't true. I come from a very humble background and so does my family and neither are we rich. That behavior of mine was purely because I lost my calm and I was angry and it happened suddenly. I also said in the call that if she continues bothering me like this I will commit suicide which even she herself said several times. But unfortunately in last night's conversation she recorded only my side of the fight and nothing about her side, and she acted very calmly while recording the call. So after the call, when she sent me the recording I felt bad and apologized to her over text and also called her and said sorry and things are pretty normal right now. My question is if I happen to continue the relationship and get married after a year, can this call recording from our pre-marital dating life be used as sufficient proof for cruelty in her post marital life? Can my righteousness be put into question later on? Will it be a good idea to continue the relationship even if things get settled or should we dissolve it to avoid future divorce of any sort using this call recording proof?
Asked 1 year ago in Family Law
Religion: Hindu
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7 Answers
a pre-marital call recording cannot be used as sufficient proof for cruelty in a post-marital life. As per the Indian Evidence Act, the pre-marital conversation between two parties is considered as an inadmissible evidence. Moreover, if the recording was made without the knowledge or consent of the other party, then the recording is also inadmissible in evidence.
If the problem persists and continues to affect the relationship, then it might be best to dissolve the relationship in order to avoid any future complications.
Dear Sir,
Think twice before entering into marriage with your above girl friend. To be cautious u may enter into registered document called pre-nupitial agreement and mention all the conditions of yourself and your girl friend if u wish to marry her and also mode of divorce in future if required by way of mutual divorce.
The audio recordings are not admissible in law whether now or post marriage.
If you feel that she is not a good match to you then better discard her relationship forever.
If she is trying to indulge in such threats now itself then there may be any trust in future therefore the life will become hell and continue to be an everlasting quarrel.
So you may decide about it when you still have time
No premarital incident can only be a prove for your conduct but not a direct evidence to prove marital violence. Settlement is totally between you persons and no possibility can be legally predicted
Dear client,
First and foremost, it is never okay to use abusive language or make threats towards someone, regardless of the circumstances or provocation. It is important to acknowledge and take responsibility for your actions in the argument.
In regards to the call recording, depending on the laws in your jurisdiction, it may or may not be admissible in court as evidence of cruelty in a potential divorce case. However, it is important to recognize that even if the recording is not admissible, your behavior in the call may still be used against you in court if it is brought up by your girlfriend in the future.
It is also important to consider the underlying issues in your relationship, particularly the issues surrounding caste and ethnicity that seem to be causing frequent fights. These are deeply rooted issues that may not be resolved easily, and it is important to have open and honest conversations about them to see if there is potential for long-term compatibility.
Ultimately, the decision to continue or dissolve the relationship is a personal one that only you and your girlfriend can make. It may be helpful to seek counseling or therapy to address the underlying issues and improve communication and conflict resolution skills.
You have to clarify that what kind of relationship do you have with her. If you had given a false promise to marry her and had sexual relationship with her, it is an offence committed by you. She can defend herself at any later stage by using the evidence with her. I can advise you to go only for a mental counsellor for your unclear thoughts. Please speak with her lovingly and marry her honestly and lead a happy life. Don't think about wrongful thoughts. Have a clarity in mind to submit yourselves completely without any doubt to your future life partner. Don't harm anyone with bad words even if they have done harms to you. If you have no sexual relationship earlier with her and having second thought in marrying her, please convey the message in amicable way to her. Misunderstandings will not be a lifelong solution for anyone to get remedy through legal way.
