can i use my phone or that chat as evidence to court?

2 years ago

Hi
My husband used to torture me abuse very badly and exploited financially by transferring all my salary to his account. After all this when I started to resist them he threw me outside the house without giving my things so now i don't have any documents or jewels and i lost lot of my savings also. Now i filed for divorce without asking for any alimony but i'm requesting him to return my things and give divorce so that i can lead my life peacefully.but he is lying about my things in court and not ready to give divorce also. But i have a proof of telegram chats where all my things are with him only. so can i use my phone or that chat as evidence to court? I need a guidance on this so i genuinely request someone to help me to get out of this issue

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Anik

Responded 2 years ago

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A.Hi, chats cannot be used as primary evidence in a court of law. The can, however be presented in the court and treated as secondary evidence as per the discretion of the judge. If you found this helpful, please rate me.

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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.To get return of your Streedhan, you have to lodge complaint of Criminal Breach of Trust u/s 406 of the Indian Penal Code,1860, as amended up to date before the Chief Judicial/ First Class Magistrate Court against your husband along with the list of those assets(including jewellery) which you had kept under the custody of your husband and if he refuses to return the same then he shall be subjected to punishment which may extend to three years or with fine or with both.

For mental and physical torture and cruelty ground,you are entitled to lodge FIR u/s 498A of the Indian Penal Code,1860, as amended up to date against your husband and on proof he shall be subjected to punishment which may extend to three years and with fine.

Please take note that in a recent verdict,Hon'ble Supreme Court of India refused to accept the evidentiary value of whatsapp chatting so if you try to rely upon Telegram chat,your husband's lawyer may pray before the Court for not to accept the same as evidence.

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Abhimanyu Shandilya

Responded 2 years ago

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A.You can use them to support your case but they cannot be the sole/primary evidence to decide your case in your favour. These can be used as secondary evidence and also to bring out the truth during the examination and cross examination by a good lawyer.

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