Whether submitting email/photographsas evidence in court an offence

viswanathan (Querist) 04 December 2013 This query is : Resolved
I have filed a Domestic Violence complaint in which I produced emails exchanged between the husband and a lady with whom he has illicit relations and also photographs of their sexual acts. Now the lady in question has filed a case of email hacking and also defamation case for producing the photographs. Have I committed an offence in doing so?

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ajay sethi (Expert) 04 December 2013
in defamation case truth is best defence . if your husband has relations with the said lady you can rely upon evidence in support of your case .

why did you not file case of adultery against your husband .

please note that you cannot hack any one email account

Guest (Expert) 04 December 2013
Let the defamation case be heard.She is proving herself she had involved in adultery.Now you file an adultery complaint against her and your husband if she tries to escape from law which normally exempts the women to be punished on these ground approach a shrewd criminal advocate and take the proceedings as prostitution against her.Regarding the mails and photographs when you had received the same by post from some one unknown You need not worry.

Rajendra K Goyal (Expert) 04 December 2013
Well advised, nothing more to add.

R.K Nanda (Expert) 04 December 2013
nothing more to add.

V R SHROFF (Expert) 05 December 2013
defamation case truth is best defence

+ I add, u had not published it.
court proceedings are privileged

viswanathan (Querist) 05 December 2013
Thank you so much for the advice. If I want to file Adultery case against the husband, is there any limitation period?

If you permit me, can I add something to my question? The lady in question who is from another city, came to the Police Stn of my area posing as an Advocate. Believing her, the Police sent her to my residence. She created a scene in front of neighbours, abused and threatened me. Can I file a complaint u/s 452?

ajay sethi (Expert) 05 December 2013
thanks for your appreciation . when did these incidents occur as mentioned in your Dv complaint?
if they are of recent occurence then file complaint of adultery aginst your husband

if lady has threatened you dont file complaint now .
next time she thretens you record the conversation then file complaint

Raj Kumar Makkad (Expert) 06 December 2013
You need not worry as the e-mails and photographs are admissible in evidence which you put on case file and it do not attract defamation.

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