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Evidence as mail for dv case

Page no : 2

SAINATH DEVALLA (LEGAL CONSULTANT)     21 September 2015

The author better goes through sectiion 66 C of Information Technology Act 2000,before acting.

amaresh   21 September 2015

I also have some sms & e_mails. I did aff_dvt under sec 65(B) of Indian Evidence Act. I have already submitted all this with the af_dvt. Till now the ADJ not turned down my evidence. I think you should do that.

SAINATH DEVALLA (LEGAL CONSULTANT)     22 September 2015

Here it is a different case,the husband has accessed the email account of his wife without her knowledge,and if the wife files a complaint then it is a crime as per IT act 2000.What would be the answer if the court asks him how he secured it?

Born Fighter (xxx)     22 September 2015

Mr Sainath, being a legal expert, can you pls share with us any similar case where  the person producing such evidence is punished by law. It would be really helpful. The husband would be a fool if he says he accessed the wife's mail w/o her permission, there is a way of producing such evidences in court in ones favour. Im not a legal expert but we all see evidences getting tampered /mispresented in murder/criminal cases (this is divorce case)and lawyers very smartly  handle such acts without any backfiring. We read such court battles everyday in News channels/ newspaper and even a layman understands the ground reality.

Sir, can you guarantee as a legal expert that the court will accept the husbands application asking his qualified and capable to earn wife to produce her income docs OR will court accept applns of summoning the wife's employer to court ??. Theortically it should,  based on merits of the case, but sadly there is NO  guarantee and the husband at the end either goes to the next appelate court/HC seeking relief on unjustified maintenance awarderd to wife or surrenders and pay maintenance to an educated wife (who is also capable to earn and /OR also be working by hiding her employment details ) who enjoys free money coming from THE HUSBAND'S Bank, apart from torturing the victim husband.

I appreciate your views as an expert and therotically you are correct but reality of what we see in courts is very different Sir. Im also not encouraging such practices and person who wants to do this needs to take and face risk/ have guts and patience to handle the chaos, if any. 

Im not writing to open up any debate of lawyers vs Panelists but trying to encourage views/ solutions to all my fellow querists who are genuine victims.

 

 

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     22 September 2015

Dear Author I am here to give advice according to my knowledge and experience and not for debates and providing citations or judgements.

I don't believe in ifs and buts during court proceedings,what actually is evident and related to the case prevails in the courts.I stand on what I have mentioned in my previous reply.

Dear Author just answer one thing, What are U going to do if UR wife files a complaint that U have illegally accessed her email account  and stole vital personal information?

 

 

Born Fighter (xxx)     22 September 2015

Unlucky Husband,

 

Reg answer to the 2 questions you have asked at the end of your posts, unfortunately there is no  guarantee your wife will not again file false cases. The laws are in favour of women so tread cautiously. Your wife is the only person who can ensure she will not do the same mistake again , in case you take her back. Else, If you have any connection with God then he will definately tell you the future :)

Also if you are still thinking about taking her back then you need to move away from legal cases and go for mediation to seek reconciliation/compromise/settlement/MCD

Reg evidence part i think you have got better idea by now  (Pros/Cons) of what the situation would be , my advise consult a competent lawyer who has PRACTICAL EXPERIENCE of handling such matters and who can give you SOLUTIONS to your problem and refrain from going ahead with a lawyer who would be himself confused/ not confident.

All the Best !!!

 

Vinay Paul (Software Professional)     24 April 2016

Hi Sainath,

 

As you refered what if wife files a complaint about illegal access to her email account.

Answer is she is the one who shared her password initially with me (this is also there in chat conversation with her), she shared with me to check the same Job offer letter if all looks good to accept the Job offer.

Just for keep posted on this case.

Now 9 months for case, other party (My wife) agreed to mediation after I compromised to live separate from family (she will join family until both my younger sibiling are settled)

 She also saying that her family will have some condition which she is not aware as of now and will only know in mediation(also presenting as she is under family pressure and her family do not allow her to talk to me), secondly she says the case will remain pending(DV and Interim maintainence) her lawyer is suggesting this and saying her that its court process, till she is with me for 6-7 month as trail period and based on which if she is fine then ok else case will continue. I am totally disagree on this neither I feel such court process would be there.

First mediation date got extended as magistrate was on off. I am disagree on keeping such fake case as pending. I need some information, whats the procedure to certify the evidence(WhatsApp messages, emails) or is it like I am produce them and court will do the needful for certifying them. I want to keep them ready too if mediation is not successful.

Can you help in this.

 

Regards

Vinay Paul (Software Professional)     24 April 2016

Hi Sainath,

As you refered what if wife files a complaint about illegal access to her email account.

Answer is she is the one who shared her password initially with me (this is also there in chat conversation with her), she shared with me to check the same Job offer letter if all looks good to accept the Job offer.

Just for keep posted on this case.

Now 9 months for case, other party (My wife) agreed to mediation after I compromised to live separate from family (she will join family until both my younger sibiling are settled)

 She also saying that her family will have some condition which she is not aware as of now and will only know in mediation(also presenting as she is under family pressure and her family do not allow her to talk to me), secondly she says the case will remain pending(DV and Interim maintainence) her lawyer is suggesting this and saying her that its court process, till she is with me for 6-7 month as trail period and based on which if she is fine then ok else case will continue. I am totally disagree on this neither I feel such court process would be there.

First mediation date got extended as magistrate was on off. I am disagree on keeping such fake case as pending. I need some information, whats the procedure to certify the evidence(WhatsApp messages, emails) or is it like I am produce them and court will do the needful for certifying them. I want to keep them ready too if mediation is not successful.

Can you help in this.

 

Regards


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