• Is WhatsApp chats are valid for divorce

Hello, I am writing this to know about one thing that what are evidence required to prove as my wife in a extra marital affair with a guy. 
We are married 6 years back and blessed two awesome kids. But recently I found my wife is in affair with an useless person. Then I done some enquiry and collected chat messages they done and also half nude photos of my shared with that guy. I asked my wife about this non-sense and what's happening. Then she caught my feet and accepted her mistake. After that I called her father discussed all these things and showed evidence I have. Then he shouted on us and claimed that they are morphed photos. All of sudden my wife twisted her tongue and  said that it's her who is there in the photo. Now my question is what evidence required to get divorce from her and I want my both children to me after divorce. 
As we are from a respectable family with higher values my parents are not able to digest this thing and they are forcing me to continue to live her for the sake of children's sake. Hence I would like to know what you people suggest at this point and how can I get rid of that lady with my children. Please advise.
Asked 1 month ago in Family Law from Visakhapatnam, Andhra Pradesh
Religion: Hindu
1) what's app chat messages would be admissible in evidence 

2) you can file for  divorce on grounds of mental cruelty and adultery 

3) however please note that contested divorce cases take 5 years to be disposed of 

4) mutual consent divorce takes 6 months 

5) you can seek joint custody of children 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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File a divorce petition before family court against her based on cruelty as per section 13(1)(ia) of Hindu marriage act-1955.

You may file an application under section 26 for child custody or may file a civil suit for child custody before family court under guardian and wards act.

WhatsApp chats are sufficient proof to prove cruelty and getting divorce
Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
Adultery is a ground for divorce under Section 13(1)(i) of Hindu Marriage Act,.The ground for getting a decree for divorce on the grounds of adultery is provided as :“The Respondent has after solemnization of marriage, had voluntary sexual intercourse with any person other than his or her spouse.” In other words, the spouse who engages in extra-marital intercourse is guilty of adultery. Under the Dissolution of Muslim Marriages Act, adultery as such is not a ground for divorce, but if the husband “associates with women of evil repute or leads an infamous life,” it amounts to cruelty to wife and she can sue for divorce on that ground.

Whats app chat messages can use as secondary evidence. But you have to prove the other supportive evidence of cruelty for getting Divorce. 

Importance of Parental Fidelity and Family Structure
Obviously, the most important post-divorce problem with which the individual and society are most vitally concerned is the problem of finding adequate solutions to matters concerning custody, education, maintenance of, and access to children. These are the matters which affect significantly the children and parents emotionally and socially .The Supreme Court gave a judicial message in the case of Gaurav Jain v Union of India that children are innocent and abandoning of the child by one of the parents, excluding a good foundation of life for them, is a crime against humanity. The father and the mother offer different and complementary cognitive and emotional organizations of the world to the infant. An intact family environment consisting of a child and his or her mother and father presents a less burdened environment for the development of a happy, healthy and well adjusted child .The benefit to children which come from being raised by their mother and father are maximum in an intact and relatively stress free home.”

So if she come out from the cage of mistakes and loyal and ready to trust worth to you in future give a chance for living together for the sake of children.Children are fragile, handle them with care. If divorce is inevitable, bitter battles cannot be the option to settle issues of child custody and access
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0
1. Whatsapp chat can be used as evidence to supplement the primary evidence but it cannot substitute the primary evidence. 

2. If you want to succeed in the court then avail the services of a detective to collect evidence in the form of photos and video. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
1. Well,mere whatasapp photos are not enough to prove her infidelity. In any event if she has deleted the photos you can not retrieve the same anymore.
2. However of you could bring the witness who can testify about her affair with that man then it would be a good proof.
3. However if this is your wife's one off mistake and she has repented to do so then you can consider to atone his misdeeds and accept her once again for the sale of the children.
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
4.9 on 5.0
If your wife is apologetic and assures that she will not indulge in any such activities in future, yo may admonish her and start living with her for the sake of yor children as well as to protect the name and fame of your family.

If you are bent on only divorce then you can file a divorce case on her on the grounds of cruelty and adultery.
But for adultery you may have to implead that adulterer as a respondent and may have to provide concrete evidence to prove adultery. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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Hi 
1) Better to go for mutual consent divorce using the images and messages as a negotiation tool. 
2) If your wife is not consenting for divorce, then you may file an adultery case under section 497 of IPC against the useless person and 
3)Based on the FIR u/s 497 file a case of divorce. 
4) Whatsapp messages and images are valid evidences under Section 65B of Information technology act and the same is admissible in court.
5) Child custody- You can ask the courts for Child custody and given the circumstances of your case, it is highly likely that courts will grant you child custody.
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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1. You can not get rid of your wife without divorcing her.

2. If she does not agree for mutual consent divorce which will be disposed off within 6 & 1/2 months, you shall have to file a divorce petition on the ground of cruelty being her extra marital relationship when dirty linen will be washed before the Court to expose  you and your family before the risk of feeling ashamed.

3. So, if possible, allow her a second chance keeping in mind that divorce is the 2nd most stressful event in one's life.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0

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