Legal Question in Family Law in India
In 2003 Sarita married to Deepak, and have 2 kids of 6 & 7 years. Both Sarita & Deepak are employed.
Deepak was weak in sexual power.
Due to this he blames Sarita being sexually attached with other man.
In 2010, one night Sarita was beaten overnight by Deepak blaming sexual contact with a police man.
Sarita got transferred and went to her fathers house, lived there for 2 years.
In 2012 Deepak came & asked 2 lakhs to purchase the land for house.
Sarita gave the money. Then Deepak and Sarita reunited again just for 1 months.
Deepak got some sex chatting SMS of Sarita with another person so he expelled her from his house alongwith both the kids.
Sarita went of ladies police help to file 498-a and physical beating, but being bribed they did nothing.
Moreover Deepak neither keeps her & kids with him nor gives divorce to her.
Question is what is to be done by Sarita now because if she goes to court to file case of domestic violence against Deepak for mental harassment, Or to give maintenance for her and kids under sec 125 of criminal procedure code, then she is of fear that Deepak will bring call detail showing frequent call in midnight and doing intimate sexual relationship type SMS to a man who was her ex-teacher as a proof of adultery.
She is of fear that the call details showing frequent communication and sms can lead court to draw inference that there should be illegal relationship, so Deepak will take both the kids with him and she might be empty handed.
3 Answers from Attorneys
dear client though call details can draw interfernce on her relationship still then her husband have to give maintenance to her children. for any legal help call me on 9422611385
ADV PRASAD PATIL
The lady should go ahead and pursue her legal remedies without any fear.
Sarita have to approach a local lawyer to proceed further.
She will get justice. You may also send me your complete details and place etc.
Regards
9814110005
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