Husband has recorded whatsapp conversation

My husband has recorded a whatsapp conversation with my mother and is blackmailing me to reveal them. He wants to divorce me because he loves another girl who is working in his office. He is thus collecting evidence for filing a divorce case. I have made some allegations against my husband in recording of whatsapp chat. He is torturing me to reveal them and pressuring me to sign a mutual consent divorce. 

by Shivendra Pratap Singh | Jun 24, 2021 | Family Law

My husband has recorded a whatsapp conversation with my mother and is blackmailing me to reveal them. He wants to divorce me because he loves another girl who is working in his office. He is thus collecting evidence for filing a divorce case. I have made some allegations against my husband in recording of whatsapp chat. He is torturing me to reveal them and pressuring me to sign a mutual consent divorce. 

It is advised that you do not sign a mutual consent divorce. This is because mutual consent divorce is an agreement that requires the free consent of both parties for it to be considered valid under Section 13-B of the Hindu Marriage Act (HMA). Your husband is attempting to obtain your consent through coercion or blackmailing, which does not constitute free consent.

Recording WhatsApp conversations has no legal value and is not admissible in court. Although your husband may think that he can take your consent by threatening to reveal your conversations, he cannot do so as these conversations hold no legal value.

Also read: Section 55 of CPC: Arrest and detention

As you are performing your matrimonial obligations and living with your husband in the matrimonial home, he has no grounds to seek divorce under Section 13 of the HMA. Grounds such as cruelty, desertion, unsound mind, mental disorder, and venereal disease are some grounds upon which a husband can seek divorce. The WhatsApp conversations recorded by your husband do not prove any of these grounds for divorce.

To stop your husband from marrying his colleague, you should file a civil suit for a permanent injunction. You should also demand temporary injunction under Order XXXIX Rule 1 & 2 of the Code of Civil Procedure. The court shall grant temporary injunction as an interim relief, thereby preventing your husband from solemnizing another marriage in the pendency of the civil suit.

Your husband's adulterous relationship with the other woman makes him the guilty party, and he is precluded from availing any matrimonial remedy against you. The recording of the WhatsApp chat is a mere threat and should be ignored. It is advised that you watch your husband's activities closely and take appropriate legal action when necessary. Try to get his WhatsApp messages.

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Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

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