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Guru (Sales Manager)     05 September 2015

Evidence via password change.is it safe to produce in court?

Hi,

My wife filed Divorce petition 13(1)(ia) and interim maintenance in under section 24 HMA.

She mentioned in the petition that she is Graduate female working with the Pvt. Company in share market and earn just only Rs. 3000 per month which are not sufficient for her and demanding maintenance/alimony from me. She also demands alternate accommodation or the amount for the accommodation.

Here I want to inform you that I got her last 3 years IT return. She filed approx 1.75L returns every year and shows the source of income via equity/shares/ tuition fee. I managed to get these IT returns through income tax websites, somehow I managed to change her password as I have some her personal details which I used to login the page. 

Please note: - My 2nd date is in October and this is going to 1st date for me as I skipped the 1st date because, I haven't received the summons on time.

My question are, If I produce these IT return copies in the court to prove her income then, is there any legal problem to me as I managed to get these details via online password changed? Any cyber crime law? Any other law?

All docs are downloaded online; there is no stamp and sign. Is this necessary to be sign and stamp before producing in the court as evidence? What my answer if judge/ her lawyer ask me from where you got these?

Kindly let me know, how I use these details more effectively and impactful.

I am very much thankful to all of you who guide/advice me..Experts, she has harassed me lot during this period. It's just 2.7 years but I feel I lost my 5 years; this is the age where we have to grow and make our life. Because of this hurdles in my life my dad and me met an accident and now my dad in bed from last 2 years and my right hand got injured and treatment is going on, my mom lost too much weight. But, I take as part of life and keep moving on.

Thanks again in advance...



Learning

 18 Replies

Guru (Sales Manager)     06 September 2015

Experts, please response on this.

(Guest)

Even if you produce such statements which are of course acceptable in court, those are for yesterday and not for today, for today you need to summon her employer to court to prove that she is working, if she is working in private organisation, then no use breaking your head about all this, eventually you will have to pay IA if not permanent alimony, but it all depends on discretion of the court.  Persenting papers you need to do, rest depends on merits of your case and your lawyers capabilities, password etc etc all does not matter..

1 Like

SuperNuvos (Own)     07 September 2015

Guru, Do you know which firm is she working for?

Guru (Sales Manager)     07 September 2015

@Gyan Prakash ji, what is IA? She mentioned her petition that she is Graduate Female and working in Private sector with share market firm and earning Rs. 3000/- per month. My problem is I don’t know where she works!  Requesting you please provide some time and read my below earlier thread which I created separately few days back and advice accordingly…

 

@SuperNuvos, No I don't know where shes work, please go through below details..

 

https://www.lawyersclubindia.com/forum/Please-provide-me-the-opinion-how-i-tackle-this-and-my-furth-125562.asp#.Ve0vIX2GNrQ

 

Dear Experts,

Finally I received the petition copies through Register ID after passed 1st date of Appearance for Counseling and next will be after 1 month. There are two petitions as below,

  1. For divorce under section 13(1) (ia) of Hindu Marriage Act followed by Pre & Post Marital Facts and lots of allegations.

Her Demand

  1. Divorce Decree,
  2. Providing alternate accommodation or the amount for the accommodation,
  3. Interim and ad-interim reliefs in terms of above stated points,
  4. All Stridhan (Claiming huge list of Jewelleries and belongings)
  5. Permanent Alimony with 1.50L
  6. Interim Maintenance of Rs. 5000 per month under section 24
  7. Cost for this Petition be paid for
  8. Any other and further reliefs court may deem fit and proper be granted

2. Interim Maintenance Application on behalf of the Petitioner Under Section 24 of HMA

Her Demand

  1. Interim Maintenance of Rs. 5000 per month
  2. Restrained from selling, alienating and / or creating any third party interest in my residential flat which on my name and the same I bought 3.5 years before of my marriage and still it is on home loan basis.
  3. Providing alternate accommodation or the amount for the accommodation
  4. Interim and ad-interim reliefs in terms of prayer (a) & (b) above be granted.
  5. Any other and further reliefs court may deem fit and proper be granted

Facts:-

  1. Marriage Date: - 01/12/2013 (2 years and 6 months)
  2. Separation: - Almost 2.5 years, after 1 month she deserted the house willingly
  3. Have no child
  4. She files fake N.C. 2 years back and also made time to time filing complaint in 2 different Police stations, yet not file any criminal case on me.
  5. Even my mom has also file the N.C. as she had came to my home in my absence and give threat to my parents and be physical with my mom.
  6. She mentioned in the petition that she work with the Pvt. Company and earn Rs. 3000 per month which are not sufficient for her and demanding maintenance/alimony from me.
  7. I have no idea where she works and live currently as she changes her residence frequently and don’t have any permanent place to live. She put the address in petition of her cousin’s house.
  8. I have collected all her complaint letters, N.C. Copy and statements of our both where she accept about her stridhan which she received all things except 2-3 jewelry which are lying with me and it is still with me I.e. Mangal Sutra which she broke, Bangles which we gave her. She also claimed on Gents engagement ring and pendant which they give me as gift during the engagement and marriage ceremony.

Please provide me the opinion how I tackle this and my further course of action!!

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     07 September 2015

You first job is to make out this woman from your life.

 

Since she has already filed divorce, you should file a stay-aside petition on her allegation with no-objection on her divorce prayer. Once you file the said WS than please don’t attend the court. Let it be ex-parte. Sec. 24 HMA will be disposed of automatically after divorce decree. Please don’t file any WS against Sec. 24 right now.‚Äč

 

Please file this party-in-person because advocates will mislead you on this. Never take advice from any advocate also on this.

 

Once you get the divorce, then you can file Perjury and Defamation since she has already perjured by false submission in the court. Sample petitions/WS is there in my posts below.

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-and-perjury--124820.asp#.VbzWx7Oqqko

Guru (Sales Manager)     08 September 2015

@Mr Rocky Smith, Thanks for your reply....If I file stay aside Petition on her allegation and not attending the court and ex-parte order has been passed but, what about her demand in Divorce Petition?? i.e. Alimony, claiming huge list of Stridhan almost 400% higher than actual...

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     08 September 2015

I said stay-aside with no objection on divorce prayer

 

Did they copy serviced for sec. 24 HMA? if no, then don't receive it.

 

No execution happens for sec 24 HMA. Stay cool. 

 

Guru (Sales Manager)     09 September 2015

Yes they served copy of Sec. 24 copy and I got with Divorce Petition.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     10 September 2015

Ok then you also file Sec. 24 HMA against her and WS againts her Sec 24 HMA and stay-aside along with no objection on her divorce prayer against her main divorce suit.

1 Like

advocatepassy@gmail.com 971794 (Advocate)     10 September 2015

I think you should hire advocate.  Mr. Rocky Smith's advice is good but he seems to able to defend himself in Court of law.  most of the clients cannot defend themselves. 

Guru (Sales Manager)     11 September 2015

OK, Thanks Rocky Sir, Vinod Passy Sir and other experts for your response.

My matter is in counseling so; I thought/feel to attend counseling 1st , will see if things are work out and in my budget then try to convert in MCD otherwise ready to fight and hire an Advocate….

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     13 September 2015

Guru bhai, by reading your writing style, I am sure that you are fit & intelligent enough to fight your case without advocate who might do more harm than good as advised above. Remember, even if you goto SC even there you might be pressurized first to have a lawyer from free option i.e., SCLSA & if you deny then you might be pressurized to let the court appoint an amicus curae. My suggestion is to fight all alone yourself so that there is no one to leak your documents, there is no one to stop you ethically, morally or even legally to write this or that point. All the fighting need to be done based on your own application of mind (assuming these are false cases) & at any point of time if you feel like taking help of any lawyer then just take help for application preparation. That's it!!! Check LEGO TECHNICAL FALLACY issues here:- https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-domestic-violence-124445.asp
1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     14 September 2015

Originally posted by : Atur Chatur
Guru bhai, by reading your writing style, I am sure that you are fit & intelligent enough to fight your case without advocate who might do more harm than good as advised above.

Remember, even if you goto SC even there you might be pressurized first to have a lawyer from free option i.e., SCLSA & if you deny then you might be pressurized to let the court appoint an amicus curae. My suggestion is to fight all alone yourself so that there is no one to leak your documents, there is no one to stop you ethically, morally or even legally to write this or that point. All the fighting need to be done based on your own application of mind (assuming these are false cases) & at any point of time if you feel like taking help of any lawyer then just take help for application preparation. That's it!!!


Check LEGO TECHNICAL FALLACY issues here:-


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-domestic-violence-124445.asp

 

I 100% agree.  yes

Guru (Sales Manager)     05 October 2015

Experts,

My 1st date for appearing in court for counseling is nearby…

Any advice for me....


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