niranjan (Contractor) 19 February 2014

Can text messages from stolen mobile be evidence for divrce

My cousin is going through divorce proceedings currently.She got the custody of her child after a year of filing the case. Divorce has been filed based on domestic violence, harrassment from the spouse due to his suspicious nature, defaming her in public, even through telivision channels. The spouse has been the cause of problem for all persons helping her face her problems.He even attacked one of her friends and snatched his mobile phone. Based on some text messages in the phone that he has stolen, he has filed a case for the custody in the high court again.My question is can he use the messages in the phone as evidence against her. He does not want to agree for the divorce and is bent upon defaming her and assassinating her character even more. Kindly advise.He has changed is advocates more than 3 times in a span of 2 years now. Currently he has hired a criminal advocate for his cases. A DV case has also beeen filed where he intends to use the same kind of evidence. the child, teenaged boy, does not want to have anything to do with teh father. even teh custody orders passed in the family court has not provided any visiting rights as per the childs request.

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 20 February 2014

Firstly the messages in the mobile belonging to somebody cannot be produced as evidence before the court because it has got no validity unless the said message has been sent by her with the intention to defame his image or reputation, even then it will be very difficult to prove because its origin cannot be established in the absence her message produced for confirmation. He can engage any advocate and change any amount of lawyers, it is his problem, what is your concern in it? Ask your cousin to concentrate in the ongoing divorce proceedings properly, let she not be deviated by the tactics he adopts to divert the case.

Adv k . mahesh (advocate) 20 February 2014

in what way he produced as evidence of some other person mobile messages as evidence and i agree with above statement

Jaswandi Shailesh Oswal (Legal Consultancy) 20 February 2014

I totally agree with the above opinion. Deviation tactics are often used to loosen the case. However, if your case has its own merit, then confidently proceed with the process of law. It is time consuming but in the end it bears fruit.