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asha (associate)     09 December 2011

Email as a valid evidence

Can email is used as a valid evidence in the court of law for divorce?



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 6 Replies


(Guest)

yes

richa kapoor (designation)     09 December 2011

I REALLY DOUBT THAT BECAUSE IT CAN BE SAID THAT THIS ACCOUNT IS CRAETED BY YOU FOR YOUR INFERIOR MOTIVES. SO I REALLY DOUBT THAT A EMAIL CAN BE A VAILD EVIDENCE...............


(Guest)
Originally posted by :richa kapoor
"
I REALLY DOUBT THAT BECAUSE IT CAN BE SAID THAT THIS ACCOUNT IS CRAETED BY YOU FOR YOUR INFERIOR MOTIVES. SO I REALLY DOUBT THAT A EMAIL CAN BE A VAILD EVIDENCE...............
"

EI KYA BOLTI TU??

Tejal (house wife)     11 December 2011

i also have same question . sorry for jump in your forum asha.

 

Richa , but If that id was using from that man from long time for his personal use than isnt it valid?Because every husband wife share the IDs & passwords with each other.& is it crime to change husband's password whle husband had changed his password already cause of separation from his wife so that his wife can not see his e-mails.

 

I want to know this because I have seen very cheated activities in my hubby's email when i knew his password but at that time i did not know they will be helpfull to me in future to prove how froud he is. I know the security question of my hubby.So can i change his passwords & forward those mails to my ID.& after that i will call hime & will tell to use old passwords.

This is related to cyber crime. What can he do if i do this crim?

Adv. Chandrasekhar (Advocate)     12 December 2011

People often get confused between (1) the placing of document on court record (2) marking them, if they are secondary evidence (3) Exhibiting them, if they are primary evidence and finally (4) proving the document.  If you have e-mails, you can place them on record and mark them if they are photo copies or exhibit them if they are originals.  But the problem does not solve there.  You have to prove those documents.  The best method of proving a document is to bring the sender of the document in the witness box and by putting appropriate questions, get the document admitted by him and proved.  The other method is to bring the receipient of the document (e-mail) in the witness box and get the document proved.  Here, the receiptient has to admit  not only of receiving this document and also confirm that it has been sent by the person, on whom you are alleging  has sent. 

In a case where husband has sent some foul  emails to his girl friend (s) and the wife on the basis of them is alleging that  he has adulterous life, she can place those emails on record but they cannot be proved in accordance with law as neither the husband nor the girl friend come in the witness box to prove the existence of such e-mails.  In addition to this, the wife has to prove that the e-mail account has not been hacked. 

But, I advice you that you rely on those documents, even though they are not proved.  If the other factors are proved to the satisfaction of the court, the court will taken into consideration of the contents of these documents while deciding the case, as in divorce and maintenance cases, the quality of evidence required is only preponderance of probability.

Dr. GYV Victor., PhD., CEng., (Chartered Engineer Dredge Master (STCW 95) Marine Shipping Contracts Customs Arbitrator and Consultant)     12 December 2011

Yes, such email documetns could stand as evidence, as documents include email,fascmile, letter and etc. But the onus of responsibility to prove such email is genuine shall rest with the exhibitor, th ebest option is to check with the service provider / or if you are a computer savvy then check the IP address, date and time to prove such email is original. 

In short you should provide email as evidence without any doubt 


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