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Balaji (Self)     02 May 2014

Is emails are valid evidence in the court-family court

Hi All, Is Emails (Gmail ) valid proofs in the court  (Family Court) ? if so ,how we have to submit in the court ? Is there any authentication required? Please advsie...



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 10 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 May 2014

In fact, not only are SMS text messages admissible as evidence in the Family Court (and all other family law jurisdictions), but so are emails, Facebook posts, Twitter tweets, skype transcriptts, and YES, even comments on our very own Fathers4Equality Blog, and any other electronic messaging that have become ubiquitous in the time of accessible mass communication.

R.Srinivasan (Advocate)     03 May 2014

Dear Respected Counsel,

Noted and thanks for your kind comment and reply, But in 498A can be used emails or sms's and its can be manipulated by person right?. Then how come.

So kindly advise Sir,

Regards

Dr J C Vashista (Advocate)     03 May 2014

Yes it can be used, but the onus to prove its varicity lies on the witness.

498A_fighter (NA)     03 May 2014

now a days hacking mail id is common.how if the mail id is hacked and send the samil and to show it as evdince?proving that the mail id is hacked is highly impossible.Still court take this as evidence in the case?

Hrishikesh Chavan (Business Analyst)     04 May 2014

The Court will entertain an email as an evidence unless the receiver or sender as the case may be denies its existence. If the existence is denied, it has to be proved using the IP (Internet Protocol) Address of the user of the email. Usually, the authenticity of an email can also be proved by series of emails sent from a particular email address vis-a-vis a particular email in question.


Just like a physical letter can be forged and sent, an email also can be hacked and misused. Similarly, just like the authenticity of a particular letter can be verified by an expert (may be a handwriting specialist), the authenticity of an email can be verified by an expert checking the IP of the email in dispute.


(Guest)

What if someone says IP address proves that email came from this address but do you have Video which proves that email that person only wrote? Email is valid proof but if someone is technical person then anything can be made false story. Don't you think someone can even send SMS from your phone if you are not close to your phone. You should be ready with proper answers as anything can be said about electronic proof. Mr. Kejriwal has recently showed us during Delhi election that even video proof one can say they were doctored.

T. Kalaiselvan, Advocate (Advocate)     05 May 2014

I agree with the opinions of Dr. J.C.Vashistha on the subject. It becomes the burden on the person presenting such evidence to prove it.

Dr J C Vashista (Advocate)     06 May 2014

Thanks Mr. T Kalaiselvan ji.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 May 2014

as per section 65 B of indian evidence act all electronic mail, msg, audio vedio are admissable in evidence and burden of prove lie on the party who file the same before court. feel free to call

Gopi   23 November 2016

Sir, I have got emails to prove some ones character is it acceptable as evidence in indian family court. And any reference case where it is considered as evidence.

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