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Author Topic: Divorce for false allegations  (Read 555 times)

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Offline r2d2forlife

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Divorce for false allegations
« on: May 05, 2016, 05:06:02 PM »
I have a cousin who is struggling with his spouse, they lack proper communication and often have problems related to trust. This has apparently been the case since the beginning of their marriage which was arranged. She constantly checks his phone and doesn't like that he has a good friend who is a girl. His spouse asked him to not talk to her but that is impossible since my cousin and the girl are both in school and have to work on many projects together as per the demands of the professor and syllabus. His spouse has no evidence other than call logs of my cousin and the girl talking- that too for school purposes. My cousin confronted his spouse about the lack of trust and her response is "its just my suspicion, since you both talk so much after I said no something must be going on." My cousin's spouse is not trying to listen to him and wants to drag his and our family name through the mud all because of her insecurity. Is this grounds for anything? Can my cousin file for divorce? Can these call logs be used against him in the court of law, even though they prove nothing more than that my cousin and the girl spoke for the purposes of school. Please advise

Offline advjaibansal

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Re: Divorce for false allegations
« Reply #1 on: May 06, 2016, 03:55:44 AM »
Dear Sir,

False accusation for having extra marital affidavit amounts to cruelty. This is a ground for divorce. At the same time, the wife may not have any ground in her favour to file for anything against the husband for having a friendship with a girl and there is some telephone calls details etc. This proves nothing.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline r2d2forlife

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Re: Divorce for false allegations
« Reply #2 on: May 07, 2016, 12:18:14 PM »
Thank you for your response. I would also like to know whether my cousin's wife can request his laptop/credit card information/text messages be turned over to the court for investigation? Can actual phone conversations that were not recorded by either party be retrieved at all, even though they did not take place in India?

Offline advjaibansal

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Re: Divorce for false allegations
« Reply #3 on: May 08, 2016, 05:18:53 AM »
Dear Sir,

The person who is approach the court has to file the evidences in support of the case. She may not be able to ask for laptop and credit card in a civil divorce proceedings against the husband to prove her divorce case. Further more conversation cannot be recovered from the service providers unless the same is tapped by CBI or some investigation agency on the direction of the court. Which is not the instant case.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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