Legal Question in Family Law in India
I got married in 2007.My husband filled divorce case after three months to get rid of me because of dowry.In between i was pregnant and got female child.after her birth again i was bought to my husband house.Again they stated tourching and even for givin birth to female child.Again i was send to my parential house.I daughter got severely ill.I asked husband for medicall expence.He denied.Muje kya padi hai.I got depressed.I spelled so may bad words on phone. my daughter was seriously ill and was in need of money but he denied. nothing seems to me.In frustration i spelled soo many idiotic words which my husband recorded on mobile phone. now he had send me divorce.My question is can he use that recording in court as evidence for abusing him.Please answer.It was in depressing for my child.
3 Answers from Attorneys
Nothing to worry if you had ALSO told about their demand for dowry
and sending you away and also about their torture etc.. Even if
there are other proofs like sending letters/ emails/ etc proving
your husband/ in law evil acts, then you are safe.
Then on the whole the conversation will show that you only reacted
to their evil deeds and therefore spoke in bad language.
S.Seshadri
No need to worry about anything. You should 1.submit a complaint to magistrate u/s 12 of The Protection for women from Domestic Violence Act, 2005; 2. Initiate action against demand of dowry. 3.File an application for grant of alimony.
Consult a local lawyer known to you.
even if he produce the mobile records in courts, you may take the plea that the bad words were uttered in sheer frustration due to ill health of the daughter. the medicarl records of your daughter would certainly help you in creating a strong defence against your husband's allegations of cruelty by uttering bad words.
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