Family law and information technology act
sachin
(Querist) 23 November 2012
This query is : Resolved
Husband wants to file case of annulment of marriage on the ground of fraud commited by her wife(concealment of affair and physical relation prior marriage).the said fruad come to know by her husband after she left her and when he found some mail related fraud from her mail id.The passward of said mail given by her to husband when they resided together.now query is
1)whether the husband have right to acess her mail account withour her permission or it is illegal?
2)if no then what relief is availible to husband?or there is any presumption for that repsect?
3)how he pleaded said fact in petition?
please give any citation if available?
Thank you
K.K.Ganguly
(Expert) 24 November 2012
1) No, husband has no right to have the password from his wife to access her email account,
2) Divorce suit can not be filed based on presumptive allegations,
3) Wait & collect evidence to the said effect before filing the suit.
Raj Kumar Makkad
(Expert) 25 November 2012
In the given case, the annulment of marriage is not proper relief for husband rather he should file for decree for divorce on the basis of cruelty.
