Legal Question in Family Law in India

WITH THE CONTEXT OF THIS in one case the husband is in suspicion that his wife has illicit relations with other person because she always makes call to that person in husband's absence and also wife behaves rudely with him, insults him in his friends and relatives. the person to whom she makes call is son of her aunt's with whom her marriage was fixed since childhood but later her parents solemnized her marriage with this client. on the basis of suspicion, when husband made inquiry about the number that number was his wife's aunt's son. therefore his suspicion became very strong and now the husband wants to get that phone details but without her signature that details cannot get.

1) so can he get that details with the help of court if matter went in court ?

2) and can he get audio recording details of that mobile number ?

3) can this mobile details and her behavior with husband are sufficient to prove her adultery?

4) can this circumstantial evidence of her rude, respectful behavior and mobile details which supports her adultery are sufficient to seek divorce ? because direct evidence is not possible to give here.

mr lovesh according to this mental cruelety is proved and telephone calls which is good in number and at odd hours also prove cruelty law also knows to provide pictures of illicit sex is not practially possible i think this case is strong..


Asked on 3/07/12, 11:32 pm

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

Dear client

Don't be in illusion as I m forwarding you the honest opinion.The material at your disposal is not sufficient to prove adultery.Though under H.M.A direct proof is not required but but circumstantial evidence should be such as to inspire confidence in the court.No doubt that connection of your wife with that person can be established but that does not make out a case of illicit relationship.All the phone records have to be acquired by you, court in general don't give such orders. But if counselled properly, cruelty can be established. For more 919555462995

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Answered on 3/19/12, 9:55 pm


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