divorce specific questions
7 months ago
1.I was married in 2019 as per hindu laws in hyderabad. It has been about 2 years since me and wife are not living together due to multiple disputes. I want to file for contested divorce because she is not interested for a mutual divorce. In addition to desertion, I will also be alleging cruelty and adultery in order to file a divorce petition from hyderabad. Additionally, she has also stolen money from me, she has attacked my mother, she made plans to harm me and my parents in the future. Therefore, in addition to divorce petition, I would like to file relevant criminal charges (such as theft, criminal conspiracy etc.) as well against her so as to pressurise her to give me divorce. Can i include these additional charge as part of divorce petition? Can i file all these charges at the same time as that of divorce petition? What precautions I need to take for the above?
2. The call recordings of my wife which I have, were recorded by my wife with other callers (neither did I record these calls nor was I a participant in these calls) and I got a copy of these call recordings on my laptop (when she took a backup of her phone on my laptop), mobile and cloud. I am aware of the Punjab and Haryana court, 2021 judgement in this regard. But I would like to include the call recording during divorce petition filing stage itself since these are the major evidence I have to prove her cruelty and adultery. Will this be admitted in court as secondary evidence or primary evidence?
3. Does the call transcript for the call recordings have to be prepared for the entire call duration or only for the relevant parts, since there are multiple call recordings and each recording also has a significant irrelevant portion? Can you tell me any authentic and economical sources from where I can get the transcripts done in delhi / hyderabad? What is the approx expense on per call (20-25 mins duration) basis?
4. I want to attach forensic lab reports stating that the call recordings are authentic and have not been tampered (other than the fact that the call recording is not at the original storage location)? What are the recommended and economical labs in delhi / hyderabad which are recognised by courts? What is the approx expense on a per call basis?
5. My father is suffering from parkinson's disease, while he gets a pension from govt. it does not suffice and a significant part is spent in his treatment. I want my mother to file a maintenance case against me under 125 crpc so that she gets a maximum amount as maintenance from me in a legal manner. This will help me to show liability on my part when I will be fighting a maintenance case with my wife, to reduce total available quantum to be paid as maintenance amount. Mom will say that while her son is good in all other aspects, she wants specific maintenance from me in order to live a life of equal status and that I earn more than my father. What are the disadvantages for me if i go ahead with this idea? What is the process, time required and expenses to do this?
6. I want to make the divorce petition case time-bound, what are the chances and how much expenses are incurred at family court level and high court level (in case not accepted by family court)? Can i ask for online hearings instead of physical hearings as i reside in delhi and wife stays in hyderabad?
You can file a contested divorce petition in Hyderabad and include allegations of cruelty and adultery against your wife. You can also file criminal charges against her for theft, criminal conspiracy, and other relevant offenses. However, it is advisable to consult a legal expert to understand the legal implications of filing both the divorce petition and criminal charges simultaneously. You should also take precautions to ensure that you have sufficient evidence to support your claims.
The call recordings that you have may be admissible as evidence in court if they are relevant to the case and meet the requirements of the Indian Evidence Act. However, it is advisable to consult a legal expert to understand the admissibility of the call recordings as evidence in your case.
The call transcript should be prepared for the relevant parts of the call recordings that are admissible as evidence in court. You can get the transcripts done from authentic and economical sources in Delhi or Hyderabad by searching for transcription services online. The approximate expense on a per call basis may vary depending on the duration of the call and the service provider.
You can attach forensic lab reports stating that the call recordings are authentic and have not been tampered with. It is advisable to consult a legal expert to understand the requirements for forensic lab reports and to identify recommended and economical labs in Delhi or Hyderabad.
Filing a maintenance case against you under Section 125 of the CrPC may have some disadvantages, such as the possibility of higher maintenance payments and the potential for negative impact on your reputation. It is advisable to consult a legal expert to understand the implications of filing a maintenance case and to identify the process, time required, and expenses involved.
You can request the court to make the divorce petition case time-bound, but the chances of success may depend on the specific circumstances of your case. The expenses involved may vary depending on whether the case is heard at the family court level or the high court level. You can also request online hearings instead of physical hearings, but this may depend on the court's policies and procedures. It is advisable to consult a legal expert to understand the options available to you and to identify the best course of action.
2. In all likelihood if they are admitted they will be secondary evidence
3. You will have to figure out
4. You will have to get it done through the court
5. This is quite an idea and you shall save yourself from paying (much) to your wife
6. That is not possible., Time is dependent on the court and you or anybody else can't do much about it. Online hearing is discretion of the court during the tough times and not always.
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