My wife has filed for divorce, claiming mental cruelty. She knows I have another woman in my life. Can my mobile phone bills be used as evidence in court to prove infidelity?

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Law Forum › Category: Divorce › My wife has filed for divorce, claiming mental cruelty. She knows I have another woman in my life. Can my mobile phone bills be used as evidence in court to prove infidelity?
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Apni Law Staff asked 6 days ago

My wife has filed for divorce, claiming mental cruelty. She knows I have another woman in my life. Can my mobile phone bills be used as evidence in court to prove infidelity?

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Best Answer

Apni Law Staff answered 6 days ago

In India, mobile phone bills can be used as evidence in a divorce case, but only if they contain explicit proof of infidelity or communication that constitutes mental cruelty. A judge will assess the content of the bills in relation to the specific allegations of mental cruelty.

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My wife filed a 498A case against me and my family back in 2006. We eventually reached a settlement in the Allahabad High Court in 2008 to resolve the situation. The agreement mentioned that we would live separately without pursuing a divorce, keeping our child’s best interests in mind. It also stated that we would remain separated until we mutually decided otherwise, without specifying a time limit. I’ve been making monthly payments as agreed. I’m wondering how this agreement is legally binding under the Hindu Marriage Act. What is my legal status considering these circumstances?

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My wedding was in December 2015, but my wife left me in August 2016. I’m a Christian and need guidance on the divorce process.

My wife’s phone records show calls to another person, and I got these records from a private detective agency. Can I use these records as evidence in a family court or 498A case? Will the court accept this evidence? If so, what proof do I need to provide?

Can a simple divorce agreement, signed on a ₹50 stamp paper by two witnesses and a notary in 2011, be accepted as valid proof of separation in India? What complications might arise for someone who marries either of the two individuals who signed this agreement?

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