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manu (advocate)     16 July 2010

misuse of sim by husband

friends,

My client was harrased by husband and so one year back she was chasen out of the house. so she could not collect the sim from husband while coming back to parents house. So sim is with her husband now which was bought in her name. But later on she forgot about the sim and did not bother to get it blocked. She filed petition under domestic violence act against husband. It has come to evidence stage. Now her husband has misused sim and sent some filthy messages from that sim to his personal mobile. Now my question is can he register police complaint on the strength of that sms? will it stand? and what are the best questions to cross examine him if he produces the sms in domestic violece proceedings? please advice.



Learning

 6 Replies

Daksh (Student)     16 July 2010

Dear Manu,

Your  client at the time of procuring the connection must have signed the Subscriber Enrolment Form (generally known as SEF) and her relationship with the service provider is governed through this Agreement only.

Now the two moot points before us are proving in Domestic Voilence proceeding the misuse by the husband and registering of police complaint.

You can succeed on both the counts for the following reasons.

Any cell phone recieves signal from the nearest tower to the locality where it is being operated you can by filing FIR before police through operator can seek report about the location of the telephone (as admittedly your client is not physically present at the location of the sim/phone).

Best Regards

Daksh

Adv. Ritesh (Lawyer)     16 July 2010

Dear Manu,

The messages send from your clients number could not stands as a strong proof against her. Because it is now technially prooved that, message can be send from any number without using that numbers sim card.

manu (advocate)     16 July 2010

thanks a lot daksh and ritesh.

dear ritesh,

can u pls furnish the details as to ur reply. Its quiet interesting. Like has it been proved so in any of the case?

Arup (UNEMPLOYED)     16 July 2010

if sim registered in your client's name, she should fir about it's missing and misuse - to the police and the company - who's sim was that.

it will strengthen the dv case.

Arup (UNEMPLOYED)     16 July 2010

" message can be send from any number without using that numbers sim card. " - is it technically possible? how?

mail (abc)     17 July 2010

you could have filed a lost complaint of sim to any police station, and then the company would have given you a new sim.


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