Legal Question in Family Law in India
emails evidence in 498A ???
i have filed 498A against my husband and inlaws. I dont have any proof of cruelty except some emails which he sent after i filed the case out of agony which shows that he was wrong and tortured me and had extra marital affair. Also, when the quarrel happnd he threw me out of the house in the middle of the night and one person , his neighbour saw me and helped me out. He gave me food and water to drink and helped my daughter who was 2 months old that time. If he can give his statement, then will it prove cruelty against him? shall he be convicted? i have heard there is no conviction in 498A as cruelty cant be proved easily, obviously no woman goes to police on little brawl when husband beats the wife. its only after lot of thoughts a wife files a case, then no sign of physical torture is there to prove. I want to know that will the court order to check the IP address of the emails to confirm who sent those mails or not, in case he will deny that mail id as his, court will not consider them as mails sent by him. i am little confused. please suggest. one thing more, while i wanted to reconcile i used to pacify him when i said ok i was wrong etc etc, will court assume as if i was wrong n not him by those emails? pls suggest
4 Answers from Attorneys
Re: emails evidence in 498A ???
Emails are valid evidence in Court.Nothing wrong in pacifying you have tried your best to make the marriage work.
You have a good case .Try to bring the neighbour who helped you as one of the witness to give evidence in the court..
Re: emails evidence in 498A ???
(a) In addition to 498-A you should also consider proceeding against him under Domestic Violence Act;
(b) e-mails are considered good evidence;
(c) your repetitive acts of forgiveness need to be presented properly before the court;
(d) the statement of neighour who witnessed the incident and provided you support will be surely helpful.
You have a very strong case. Nothing to be fearful. You should fight for your rights.
Re: emails evidence in 498A ???
replied before.
the e-mails are admissible.
the statement of person who helped you may be helpful but not required.
your forgiving attitude will not harm u.
you have a strong case; you may also invoke provisions of Domestic Violence Laws.
Re: emails evidence in 498A ???
Yes produce the emails as evidence.
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