- This topic has 6 replies, 5 voices, and was last updated 1 year, 4 months ago by
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UAsking on behalf of a friend who does not want to show any online activity related to his issue.
He has been married since 2015. Has been in a toxic relationship with his wife, whose relatives are all goons. He has been beaten up multiple times by them. He has been in the marriage, as he has not got any support from anyone who can deal with the goons.
He has been avoiding a child, as the marriage is not going well. Also the wife had pcos issues and had unsuccessful attempts to have a child earlier.
Cut to Dec 2024, the wifey announced she is pregnant. He half heartedly took this. Now, he checked her Whatsapp messages and found that she is having an affair with a college friend. She has been to a different city(on pretext of work) and stayed with him. Chat has explicit private messages showing she has been with him showing she is physically involved with him.
My friend is fed up and wants to proceed with divorce. Below are his questions:
1. Are the explicit chat messages enough proof to apply for divorce?
2. Will he need to pay maintenance, as he is applying for divorce on grounds of infidelity.
3. He is expecting a lot of pressure coming from the Goons. Can he file for police protection, or any such means to save himself from this?
4. Any other thing he has to keep in mind?Please advise as he is in a lot of tension due to this.
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ULawyer here.
1. Yes, the chats can be of help in the divorce proceedings.
2. Depends, is she earning? How much is the husband earning? Is the child she is pregnant with even his own?
3. Depends on the severity of the risk
There are a lot of other precautions to be taken. Where does your friend reside?-
U1. Will he not be accused of snooping on her to get evidence? Because he is now planning to install an application to record her online activities.
2. She is earning-working as a teacher in an international school. But plans to quit soon due to her pregnancy. He is not sure the child is his. I have seen the chats. They are too explicit, along with both she and her paramour exchanging nudes. Both are earning around 50 k per month.
3. He is in Bangalore.-
RGet a private detective. Try to find evidence of her going to meet him in a hotel. Very likely that there will be people seeing them going in and out and can notice the vehicle details, etc.
AFAIK, this is the best evidence like some records in the hotel. They try to forge but you can threaten the hotelier to get the police to check his forgery of the records.
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R2. How does someone know if the kid is his own without a DNA test unless you have been not having sex for an extended time while she got pregnant? Do you think she would not try to bed the guy once she knows she is pregnant (unless he is sure of her records like date of pregnancy, etc, he wouldn’t know and Even trying to get those medical records are against her privacy)? The courts are doing severe willful dis-service to justice in the name of privacy and protection of the kid by not allowing paternity tests.
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U1. No . (Depends on lot of complications ) This is a civil case. Not a criminal case. Get good legal advice.
2. Yes. No relation to adultery. May even have to pay for the kid
3. Lawyer up
4. Men rarely get divorce based on adultery. Unless your case is so strong that judge likes you. Whatsapp doesnt make case strong. Random allegations doesnt make case stronge. Build your case on merit. Every proof you can get, you must get.
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