Heena Sachdeva 24 March 2018

husband wants divorce but am not.

mere husband call record krta tha
with software..what can i do against him.

Reply Follow

8 Replies

TGK REDDI 24 March 2018

The caption of your query is something and its text, something other.

Adv. SIddharth Jain (Advocate ) 24 March 2018

If the husband is of such a nature and has no faith in the wife even about her conversations to her parents, then the institution of marriage itself becomes redundant. There should be some trust between husband and wife and in any case, in my view, the right of privacy of the wife is infringed by her husband by recording her conversation on telephone to others and if such a right is violated, which is fundamental, can such husband, who has resorted to illegal means, which are not only unconstitutional, but also immoral and it is not only violative of Article 21 of the Constitution of India, but is also violative of the Telegraph Act.
For further queries feel free to contact me at isidjain1@gmail.com.

Siddharth Jain 24 March 2018

The object of the fundamental right under Article 21 is to prevent encroachment upon personal liberty and deprivation of life except according to procedure established by law. In such a case the remedy for aggrieved person would be either under Article 226 of the constitution or under general law.

Arjun Sai Krishnan 24 March 2018

Marriage is a sacramental union between a man and woman.When a man ties a knot with a woman then they became one in law and by nature. If one break this relationship it will lead to a divorce,then they are separated and only court can reunite them.
Aap ka question se answer you also do the same or move to court , hire a lawyer at your choice.

Arjun Sai Krishnan 24 March 2018

Yes the problems can be solved through ADR and other options can be used if problems are in a starting stage,if complicated court,that i tried to convey , supreme court recently separated a couple about two weeks ago which an appeal from Punjab and Haryana HC , I think so...

Heena Sachdeva 24 March 2018

He used ACR software for record call

Siddharth Jain 24 March 2018

1.Section 69 of the Information Technology Act, 2000, which deals with the power to issue directions for interception or monitoring or decryption of any information through any computer resource; 2.Information Technology (Directions for Interception or Monitoring or Decryption of Information) Rules, 2009. If he hasn't followed the mandate provided under the section mentioned above, its an offence under the said acts