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KK (None)     15 October 2014

Subpoena google account for adultery

Husband is an indian citizen and lives in USA currently on work Visa. Wife is in India now. they have been married for about 10 months(as of Today - 15 Oct 2014). Wife fought with husband on the 9th day of marriage and called off it due to incompatibility. Husband disagreed to end the marriage but wanted to wait for re-union after some wait period, and left to USA on the 10th day. After about 6 months of no communication between them, Wife launched false FIR on husband stating that the husband's parents and another family member arranged the marriage with the knowledge of husband being impotent. Husband sent doctor certificate proving complete normal potency from USA and helped to get anticipatory bail for his parents and the other family member on whom conspiracy case was launched. Also, Husband appointed a detective agency and found that wife had been in an illicit affair with someone before as well after marriage and continues on. Now, Husband wants to get some strong evidence by summoning (SUBPOENA) wife's google and yahoo email accounts, stored pictures etc.,to prove the suspected adultery. Husband shall be able to do it in INDIA as well as USA (remember Google & Yahoo are USA based companies). Please advise on the provisions available in INDIAN LAW as well US Law to get this done. If anyone can help me locally in CHENNAI, INDIA, I shall contact you to take your service. We want to sue WIFE on adultery, get a lumpsum compensation and dissolve the marriage.



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 5 Replies

Sudhir Kumar, Advocate (Advocate)     15 October 2014

first you have to decide whether to file case in USA or Inddia. Crime is committed in India.

LoneFighter (IT)     15 October 2014

@KK 

 

I guess you cant issue a subpoena to reveal whats inside someones private account. That cant be done even by google or yahoo.

Secondly, a wife cant be charged with adultery. wife can only be a abettor. Sir, plz remember this is india. 

thirdly... you can ask ur frnd to give potency test results from US and show them in court and get rid of case first and then start filing defamation and filing false fir charges and then divorce based on cruelty because of above reasons. 

Lastly..on the lighter side... please dont think what ever they show in Boston Legal and Suits is true 

1 Like

Adv. Amit Anandrao Mahadeshwar (ADVOCATE)     15 October 2014

Dear KK, 

As suggested by Mr. Sudhir Kumar, your friend must decide as to at which place he wishes to initiate proceeding. The collection of evidence or production thereof will depend entirely on the same. Suffice it to say that there are appropriate legal provisions for collection of evidence during the course of investigation as well as during the course of any civil proceeding or criminal trial. But that will entirely depend upon the place of prosecution or legal action. 

As far as the following suggestion of LoneFighter is concerned

Secondly, a wife cant be charged with adultery. wife can only be a abettor. Sir, plz remember this is india. 

It is a half truth. Admittedly wife can not be charged with adultery, but at the same time she can not be punished as abettor also. 

Thanks

KK (None)     15 October 2014

Thanks a lot for your reply.

Crime is primarily committed in India, But should also have been in USA because 6 months prior to marriage the husband and wife met in USA & they should have been email communication between the prospective wife & her illicit guy at that time. Also, after 3 months of the marriage - the wife came to USA on an office trip for about 2 weeks (but as I mentioned earlier, husband and wife did not meet/talk to each other after 9th day of marriage). Google & Yahoo are USA based companies, their services are used to commit crime of adultery. And since wife was partially in USA at the time of crime (before & after marriage), Husband wants to US Court to file subpoena to Google & Yahoo to release information pertaining to the illicit conduct alone & then use that information against wife to pursue legal proceedings in India. How does that sound ? Wife can only be an abettor but since this is an illicit relationship, the wife is of the state that she will support the guy who she is in relationship with and even threat that she will "commit suicide" if their relationship is hindered. So is why, the wife & their family are threatening to cooperate for nullity of marriage else they will bring the husband from USA through notification to Embassy(which will be a black mark for his career and it will become a record of deportation). Please advise.

Z   31 May 2017

I do have an similar issue and want the delted emails to be reterived from the yahoo mail account. Is this reterival possible in India.


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