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esdeeesdee (business)     28 September 2009

DETECTIVE / SPY

 

 DEAR EXPERTS

Is Arranging for a detective spy behind wife classified as a crime or an illegal act under PWDVA 2005 ,moreover after wife files false documents in FAMILY court in response to husbands divorce application ,with a motive of extorting .



Learning

 8 Replies

N.Ramakrishnan (Advocate/ Senior Partner)     28 September 2009

Dear Sir,

There is nothing illegal in engaging the services of a licensed and authorised detective agency to trace out the evidences against your estranged wife. Take care to engage a licensed detective service and do not fall for the sleazy ones which may lead to further complications.

Thanks,Ramakrishnan, ADV

1 Like

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     28 September 2009

It is not illegal. You have rights to know everything about your wife.

Good luck

Regards

adv.kamal.grover@gmail.com

1 Like

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     28 September 2009

N. Ramkrishanan is right.

1 Like

K.C.Suresh (Advocate)     29 September 2009

Now a days marriage proposed from abroad and other states and districts. since the man power of capsule fmly is limited the parents of both paarties authoorise detective agencies like Global etc. They are authorised collect information but not in Cinema style. In the same manner you can engage them to collect details and documents fro your case purpose it won't come under the DV Act.

1 Like

(Guest)

I slightly differ with the opinions.  If the spouse knows that his/her movements have been spied by the detective engaged by the other spouse, it amounts to mental cruelty.  My observation based on a High Court judgement of Delhi.  There the wife is IPS and ht ehusband is IAS officer and the latter filed divorce petition against the former.  In the trial court, the divorce petition was dismissed.  In High Court, the wife admittedly gave a complaint to the Secretary of the Department where husband worked about his erratic behaviour.  The court, without going into the merits of the complaint, held that just complaint to the higher authority itself amounts to "cruelty".  Similarly having suspicious feeling itself against the spouse amounts to "cruelty". 

1 Like

Sarvesh Kumar Sharma Advocate (Advocacy)     29 September 2009

esdeeesdee ji,

N. Ramkrishanan is right.

Rahul (Director)     30 September 2009

you can surely hire a pvt detective. its very much legal. i am running a pvt detective co and 70% of our job comprises of spy on spouse.

Rajan Salvi (Lawyer)     04 December 2009

As far as i know it is not a crime, but some courts have held that doubting a wife's charascter amounts to cruelty.


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