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Selva Srini (Self)     28 July 2009

Email evidence

Hello Sir/Madam,

My wife had told in her maintenence statment that she was not allowed to work and locked inside house
for 3 months.

I have emails sent by her from her office id to me.Around 100+emails.

Can I show this as evidence that she was working.



 12 Replies

lawyer_rajiv (9811284735) (lawyer)     28 July 2009

yes, email can be regarded as a piece of evidence and you can also include google or yahoo as a witness to prove that emails were sent.

CS Pooja (Company Secretary)     28 July 2009

Only office Id is not enough.

Report the same in Cyber Crime Branch at your place...who will in turn fask for a report from  the Service provider (Google/Yahoo or the exchange)

The service provider will provide the cyber crime branch with a report containing the IP addreses of the systems from where the same was opened.

Only in case you find the mails sent from any other place (her office), then go ahead with it.

Else it can be proved that she had sent the mails  from the place where you had locked her.

Also, u need to make sure that she hasnt given any application for the hacking of her mail id or  in case of official id, if the same had been allotted to somebody else in her office when the mails were sent.

Why dont you go to her office and get her attendance..thats a more material proof without going into such procedures...

lawyer_rajiv (9811284735) (lawyer)     28 July 2009

cyber crime officials will not take up the case as the wife has not committed any cyber crime by sending mails. its a civil matter and the record would be called by the matrimonial court. the official from yahoo etc. would identify her email i.d. and the mail sent with date and time. cyber crime cell does not interfere in such matters.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     28 July 2009

Haer office attendance is a good material proof

Selva Srini (Self)     28 July 2009

Thanks to all of you who replied.

1.I have a zerox copy of her joining letter.Can I submit this
letter and say still she is working.

2.Can I get her pay slip?

3.If I go to her office they may not give attendence directly.Can I ask court to direct her office
to get the attendence details...

4.Bank proof:
I have a friend in her company where all the employees salary is credited to one BANK.Can I take
this as proof of evidence since her salary is credited to this bank.


lawyer_rajiv (9811284735) (lawyer)     28 July 2009

yes you can collect all these proofs and court would also direct the production of attendence register and salary certificate etc.

saumit joshi (advocate)     28 July 2009

I am completely agree with Rajiv Sir and addition to this you must be go for cancellation or decrease of maintanance amount as per cr.p.c with evidence of this emails, and attendance & salary evidence of your wife which is not disclose in the court. 

Selva Srini (Self)     28 July 2009

Thanks a lot for all members for giving valuable answers.

Dharmesh Manjeshwar (Advocate/Lawyer)     28 July 2009

U have lots of proof to prove ur stand ..... U can bring forward all these facts before the court .....and can file an application seeking for summons being issued to her employer .to prove ur stand ...  

Selva Srini (Self)     29 July 2009


One more query.I have only zerox of her documents.Can I show this zerox documents to court.


lawyer_rajiv (9811284735) (lawyer)     31 July 2009

you can show the xerox documents but they cannot be treated as evidence and would only be marked by the court.  you need to tender oral evidence to prove the document.

1 Like

Yogesh Patel (Business)     13 August 2009

What if someone taps into her email to collect evidence.

Can that be considered valid evidence ? Suppose my wife commited adultry by trying to romantically engage another man. I get inside her email and forward it to my address .

without her knowledge.

It is a yahoo iD and she uses nickname

BUT the point of origin of that email is HER HOMETOWN not mine. I can prove undeniably that I COULD NOT POSSIBLY BE PRESENT IN HER HOMETOWN and that IP address distinctly points to her locality area.

Futhermore if there is a summons sent to  that ISP provoider , I can hope to get clear confirmation that this email was originating from her home AS  that IP was assigned to AC of Mr XXXX who is her brother.

Now a line of tracking has been confirmed.

Also she admitted on record that she wrote that email becauise she hated her mother in law.  ( that was a cover up exuse. Not plausible . But still that was here defense - thereby implicity admitting that she wrote that email )

Now all that Said , is that good evidence to AT LEAST PROVE THAT here was cruelty done on husband , if not full fledged adultry ?

Please help


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