Profitek 25 March 2016

Admissibility of gtalk chat as proof in divorce cases

(1)Can I produce the GTalk chats between my spouse and his lover (a UNMARRIED girl) to unearth the extra-marital affair? (2)Can my spouse press violation of right to privacy against me? (3)Can my spouse press cyber-crime charges against me for illegally accessing the mails/chats without his knowledge/consent? (4)In that case whether such documents are valid as per evidence law? (5)Which are the precautions I have to take to preserve those GTalk chats of my husband in order to keep them valid as evidence? (6)If my husband and his lover both delete the chats from their account how can I prove that they even existed? I have heard Indian courts cannot summon Google for evidence. (7)My lawyer is saying that such evidences are not even considered circumstantially/secondary by court. Is he correct?He is saying I cannot even prove mental cruelty out of them. (8)As wife, I am not entitled to bring adultery charges against my husband or his unmarried girlfriend as per the definition of section 497. What should I do?

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2 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 26 March 2016

the opinions expressed by your lawyer is incorrect . Electronic evidence is given serious weightage by the courts these days especially because the same are handy and also Eco friendly In Many ways . However the procedure to lead the same in evidence is very technical. Not many know the procedure and process . Maybe that is the reason behind your lawyer not giving regard to that evidence . Summoning authorities from Google will not be necessary as long as the matter has been proved in accordance with section 65 and 65b of the evidence act . You are very much eligible to initiate proceedings under adultery against your husband .

Anand Bali Adv. (Advocate Solicitor & Consultant) 26 March 2016

Dear Client,

It is incorrect that electronic evidences are not admissible in the court on the contrary these evidences in modern age are as good evidences as a writing on a paper ( in your case Gmail Chat) though these are in the category of secondary evidences which need to be corroborated with some primary and circumstantial evidences to establish in the court. So please get an advise of a good educated up-to-date and well experienced advocate. as far as the submission of these evidences are concerned the device which is been used for doing any electronic communication is to be submitted in the court with a transcriptt of the communication indicating date time and content of the communication. In case the evidences are established in the court your husband can not sue you for the any infringment of his personal life and in your case google persons will also not be summoned only the IP address of the both the electronic devices are to be identified and established that a particular communication is been send and received by using both the devises and these devices belong to these two persons exclusivly.