Foreign sms used as evidence in false dv

Manager

Hello experts - a question for you all - but a bit of background first.

I live in UK and am happily married. I have a purely platonic friendship with an Indian National, whom i have known for many years. He had a complex case involving PWDVA and 498a. He really suffered and was put through the mill, but with a sheer determination, he stood up for his rights, won his case and truth prevailed.

While defending the PWDVA, he was accused of adultery - which was totally false.  (Also his marriage was null and void under section 11 HMA - coming under prohibited relationship, so technically, he could not commit adultery)

My question is this:

His void wife submitted SMS messages, illegally taken from my friends mobile, as evidence of an extra marrital affair.  I came to know that 1 of these messages was actually mine.  The contents were completly innocent and suggests nothing but a friendship. 

I am seething that this woman displayed a personal message from me to all and sundry, just as a decoy to gain compensation.

I would like to know if my friend can take her to court for hacking under 'The Internet Technology Act' and whether i can take her to court for submitting my personal messages without my consent.

Also, what is the time limitation for this - as this happened last year.

Kind regards

Northern Queen

 
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Northern Queen,

From you contents it can be understood that your friend's marriage with his spouse was declared null and void by the competent court of law thus the subsequent allegations namely adultery, domestic violence and other criminal cases against him have become invalid and he was acquitted from all the cases.  However, now you state that she hacked his phone sms and  used them against  him for some personal gains(wrongful gains) etc.  Now the doubts need to be clarified are: 1) Mobile phone is a personal property and it is very clear that the messages in it cannot be hacked but can be extracted physically with or without the knowledge of its owner.  Your friend's wife as a spouse had an access to his mobile phone hence privacy interference offence ruled out, so clarify how and when did she gain access to his phone and to the messages stored in it?, 2)  In what way she had caused damages to him exhibiting false information about him through such smses.?, 3)What is court opinion on her allegation based on such smses?, 4) Whether court had dismissed the case or acquitted him?, 5) Whether if there was any counter pleading by your friend stating that her false allegation based on the smes about adultery are perse defamatory and whether the court observed his pleading and gave its opinion in the judgment version about his pleadings?,6) Whether her allegations had a mention about your name in particular which might have hurt you and make you feel defamed? Thus, there are many more such doubts to be cleared before contemplating to file a libel case against her either through a criminal or civil law.  Further it appears as if you or your friend are actually planning to avenge her in the name of libel case against her, is it?  Thus, instead of wasting your time over such sundry issues, feel happy that he is now free from all the problems he faced so far and that now he can do whatever he want  without any restrictions.


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Manager

@Kalaiselvan - thank you for replying to my query, which is much appreciated.

 

In response to your questions;

 

Q.1.  1) Mobile phone is a personal property and it is very clear that the messages in it cannot be hacked but can be extracted physically with or without the knowledge of its owner. Your friend's wife as a spouse had an access to his mobile phone hence privacy interference offence ruled out, so clarify how and when did she gain access to his phone and to the messages stored in it?,

Void wife did not have access to his phone - it was hacked by? - possibly by underhand Advocates' resource methods. The phone is in my friends name and not a shared account. The did not live together. She submitted several SMS on print outs - all of them just normal conversations by friends - 1 or 2 by me.  Using these to implicate him on adultery charges was just clutching at straws.

 

Q. 2) In what way she had caused damages to him exhibiting false information about him through such smses.?, 3)What is court opinion on her  allegation based on such smses?,

 

    

A. As far as i am aware the court dismissed evidence and case because of null and void marriage and insufficient evidence on other charges.  SMS are private and personal - submitting his messages  encroached on his privacy rights and is illegal.  The motive was to defame his character by showing to all and sundry (court, her friends, anyone who she showed them to) and that is the reason is is unhappy.  Data Protection obviously isn't taken seriously enough here - asking in what way has she caused damages by exhibiting false information is self explanatory - it's called an attempt at character assassination!

Q. 3) What is court opinion on her allegation based on such smses?,

 

A. Already answered.

 

Q. 4) Whether court had dismissed the case or acquitted him?,

 

A. Already answered.

 

Q. 5) Whether if there was any counter pleading by your friend stating that her false allegation based on the smes about adultery are perse defamatory and whether the court observed his pleading and gave its opinion in the judgment version about his pleadings?                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               A. Not sure about that.  As far as i am aware he complained to the police and up to now they have not acted upon it - which doesn't surprise me at all.  To access information from someones personal mobile or any computer device requires a 'Subpeona' from a Court Order or by a Law Enforcement Agency - i don't think this was observed by the lower court - and that doesn't surprise me either! 

 

Q. 6) Whether her allegations had a mention about your name.

A. Phone numbers were annonymous and no names were mentioned.  They were submitted just for effect - merely to say he had many 'lady' friends.  Knowing that my number was amongst these is insulting and affecting my rights to privacy.

 

 I IiI don't agree with you that my friend and i are trying to avenge her in a libel case - avenge is not the right word - more like justice on wrong doing.  However, i do agree with you that pursuing this is futile.  My friend is now free and able to pick up the pieces of his life - hopefully one day marrying again and living a happy life. 

 

Thank you again for your reply

 

Love and peace to you

 HoHo

 

 

 

 

 

 

 

 

     

 
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NA

When a PRO member replies in this site...the page even starts dancing!


 
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Northern queen,

 A small piece of information to conclude;  From your reply to all the questions, it appears that there has not been even a single event on record to file a defamation case against the women who nullified her marriage with your friend, at least legally.  To put things very clear for the sake of making you to understand, I will cite my own case as an example;  In a cheque bounce case, the accused deposed evidence in the open court during his chief examination stating that the complainant's brother ( who was his childhood friend and a close associate) had stolen the alleged cheque from his office cupboard which he kept it as a  duly signed blank cheque for the purpose of salary to his employees, misutilised the same and filed the present cheque bounce case against him for wrongful gains.  His pleadings were not accepted and in the judgment, which convicted him, mentioned that the accused adopted a fraudulent approach to counter  the case and condemned his false allegations.  But when the complainant's brother who felt humiliated due to the false allegation  of the accused, filed a libel case in criminal law seeking to punish the accused for his false and defamatory action in the public court including the mention abut the same in the judgment itself, but the magistrate after going through the proceedings of the cheque bounce case, rejected this private complaint assigning reason as the complaint is no maintainable because the accused has only taken a stand to defend himself that way.  However a revision petition is still pending before the high court in this regard. So what I mean to say is that even with the concrete evidences before it, the court is reading between the lines, in your friend's case, there are lot of infirmties, so think about what will be the fate if he contemplates to file one.

 
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Manager

@Kalaiselvan - thanks for your advice - i agree with you - pursuing the case is futile and may take years in the courts.

 

My friend has moved on now and is beginning to enjoy his life once again. 

 

Sometimes it's best to walk away and don't look back in anger. 

 
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