Legal Question in Family Law in India
my previous question is :
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.
your answer is :
U can not get recording but only can get details after Complaint to police and req.proof of adultery mere suspicion is not sufficient only rude behaviour is not sufficient for divorce.
more information regarding this is :
1. here not only rude behavior, but suspicion is supported by other circumstantial evidences i.e.
-- husband and wife lives in out of city separately for service purpose , husband is in govt. job and wife is homemaker. but when husband goes to his parents house in holidays of 2 or 4 days, wife denies to come with him and stays there alone.
-- when wife goes to her maternal home stays there more than 1 month though her in - laws house is in the same city.
-- she always makes some reason to go her maternal home and lives there one month and more.
-- and also when wife goes to her maternal home she sees with her aunt's son on bike and elsewhere.
i want to ask can these circumstantial evidences are not sufficient ?
1 Answer from Attorneys
You are correct that circumstantial evidence is needed.But it must be a mere conjecture. At least it should be such as to inspire confidence in the court. I would suggest you to first collect some sort of solid proofs in terms of getting her confession through some medium. You can right now file a petition but chances are minimal.
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