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sujata (Jr.Mgr)     11 November 2011

Collection of chats and mobile message as proof of cruelity

A husband has taken his wife into confidence and behaving as if everything he is doing is in her favor.

But behind this he has a motive  to collect some information against her in order to win divorce in long run. He got installed E-blaster software in the pc with net connection which he gave to her wife saying that "you can use this pc to make yourself up-to-date, chat with your kith & kins when i am not in the home."

wife as usual used to perform all the house hold works and nutured her baby etc. when ever she find time she used to chat usually with her bro & sis / browse through diff sites etc as her husbad use to come late in night almost everyday.

She was totally anaware of the fact that her husband was keeping a track of her whole day use of the pc through activity recording software E-blaster, which now he has annexed as as proof of cruelty against him.

 

Kindly please suggest me wether this is a valid proof in the  family court, for getting divorce on cruelty ground? 



Learning

 10 Replies

adv. rajeev ( rajoo ) (practicing advocate)     11 November 2011

it can be used as evidence in the court.

Shivaji Rao (worker)     11 November 2011

in case he is a software engineer, he can install/uninstall any software which is legal

Shivaji Rao (worker)     11 November 2011

personally, do not see this as a cruelty

Aishwarya (Teacher)     11 November 2011

nothing to fear if uve not done anything wrong..

Rajeev Kumar (Lawyer/Advocate)     11 November 2011

He can use it as evidence. If you are wronged party then worry otherwise needn't to worry. Be relaxed

(Guest)

she chated with bro and sis.Then why she is worried ?She should fight boldly.

Rohit Shukla (Engineer)     11 November 2011

Agreeing with Utpala Jee "Why to worry if you haven't done any wrong"

Further, how about filing an anti-privacy petition in the court against husband if he is trying to show the messges/chat details of orginated from wife's ID w ithout her permission? Technically he can't, but there is a way to address the same :) Any guesses? ......... Can't reveal here but yes she can be fixed.

Regards,

Rohit

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     12 November 2011

not a ground for cruelty  &/ or  divorce

not to worry

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 November 2011

Hmmm, the evidence is admissible as it doesnot matter how the evidence was obtained.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Shantilal Pandya ( Advocate)     04 March 2012

 Admitedly evidence if  any is against her  and not in her favor ,  it  can be   used in    evidence  no matter how you  got it  by means of  stealth even ! of course subject to  relevancy and proper and satisfacotry proof them. 


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