@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