Whether sms contents can be viewed??

Sara,

She cannot do anything against you. No aduletry case based on phone conversations can be filed against a married woman and man. So leave your worry. Let her file that complaint and you are helping your friend with easy ground for him to get divorced becuase her frivolous suspiciousness is cruelty on him. Even if she files no ground to spoil and police cannot register case aginst you.

Thanks for the immediate response.

Nice to hear that she cant do anything against me.

During their fight my friend sent me messages against her in angry. If the call history has been retrieved by her will those contents of the SMS can also be viewed or not..??

Will that create any additonal problem for him...?? 

no problem at all for him as well.

1)First how she will come to know such SMS are shared between you when that was not sent to her, even if sent, it cannot construe for the purpose of threatens as  it is not directed against the aggrieved party. Here he can say some xyz had sent it using his phone.

2) SMS are not tamper proof evidence , and she can get histroy from service provider only those SMS sent to her by husband and not to you, and even for that she needed a valid court order and she cannot get any such order against you.

3) Let us say she claims adultery and requests call history, bill can be derived but not conversations as it is against invidiual liberty and privacy

@ author

its good to know that yoou are very good friends .if the court wants they can call for the call details and the SMS if the opp party files u/s 91 crpc for it  and the court summons the service provider for it  . you dont have to fear anything until and unless there is nothing intimate in those messages :-) :-)  I hope so the case is not as below else you have nothing to worry about .

The Courts have held that the evidence needed is evidence of inclinationand opportunity not graphic evidence of private activity in the bedroom.Inclination could be established by statements of affection in correspondence. Evidence of opportunity could be established through evidence that the two people lived together, traveled together or stayed in a hotel room together or were alone together at a time and place and for a duration which might be called "compromising". J

Now as against your close friend opps sorry just friend his wife can file a lot of false complaints like 498 A and Domestic violence etc . 

@ Mani

Your point no 1. if some XYZ has sent the message from her phone the responsibilty is hers as every phone has a unique identity to it :-) and can be traced 

your point no 2. SMS is stored in In box and Out box .:-) 

Point no 3 . replied above :-) 

Phone very dangerous, that too mobile phone even more dangerous.  Where went, what did, whom you spoke, how long you spoke, how many SMS sent, how many days were you in a particular area, starting from seconds to minutes to hours. Who called you.  You are literally not having any privacy when it comes to a mobile phone.

I have seen many cases fall down like a pack of cards due to SMS sent to each other.

I just hope there are no SMS which would give meaning of having an affair or an extra marital  relationship or which would give meaning of adultery.

All those SMS can be used in the court of law.

Hope you just spoke as a friend, 

mean to say the language, jaan, darling, sweetheart such words may land you and your buddy in trouble, no matter how sincere you are towards your friendship, one should not use such words which give different meaning.

:-) :-) :-) @ sujay :-) Darling ???? :-) @ sara is trying to recollect now what has been exchanged .

Normally i have noticed when there is a quarrel between two spouses . one spouse or the other tries to seek affection from a collegue or a friend and i have seen several cases of spouses weeping on a friends shoulder weeping and trying to obtain relief :-)  .!!

Thanks for the active replies.

He is only best friend of me and for the past 10 years his parents and my parents are also good friends.

Regarding court/police cases it will spoil the entire reputation of our life/family. Still elders will get worried much. My friend's wife  is doing wantedly (emotional black mailing). She knows very well that he don want to do any harm to my life and he will stay quiet. Thats what her plan.

Regarding SMS i don mind the list of sms sent. My doubt is whether the SMS contents can be retrieved from the mobile serivce provider which sent some three months before. Where we discussing some ways to threaten her. We worry will it become evidence against us.

@ Sara,

Yes SMS contents can be retrieved within one year period of time provided the court order is availed for the same. Except intimate message as said by stanley, nothing will act against you, however series of such SMS is disadvantage to your friend.

@ stanley, I too know this simple details,

1) wife and husband have  access to phones and can be said in his absence , she could have done. ( only arguement) and unique identity is shared between couples too. ( only arguement)

2) I assume that he should have deleted or is he such naive,Sara

To get court order 91 is very difficult  unless the primary adultery is accepted with conditions you mentioned in the post

and in civil suits it is really tough.Prbably i should have worded more clearly than with shortened posts.

If she is just blackmailing then she won't go for Court cases, I think.If she files case and it will take long time to get Court orders , till the 1 year will be over.Only telephone record can not prove adultary.Search past threads , extensive discussion is over it.Don't worry.

Thanks all for the replies.

Incase if my friend wants to apply for a divorce. Is it good time for him to apply..?? Based on what grounds he can apply??? Whether he need to collect evidences of her cruelity??? if so what type of evidences will help??

Some of the incidents showed her cruelity are

She celebrated their child's first birthday without calling him and his parents. (Arranged in a hotel taken photographs).

One day she ran out of his house (given prior information to her parents and brother). My friend was rooming and searching in their friends house. later in the evening she came cooly.

She is threatening him if you apply for divorce i will put  you in dowry case & adultery case.(whether we can file FIR in the court stating that she is behaving like criminal)

Just help me what evidences he needs to collect against her.

Thank you

Hello Sara,

He has no ground so far for divorce. Though the mentioned are harrassment, actullay do not form basis for ground fro divorce. However continous threaten can be taken to file, but not sure one will get divorce decree based on it.

Anyways, acceptable evidence

1) Video recording saved in original format ( pereferably with date and timestamp)

2) Audio recording saved in original format

3) Call recording

4) SMS untampered, emails untampered(with IP headers)

Originally posted by : Sara
	Thanks all for the replies. Incase if my friend wants to apply for a divorce. Is it good time for him to apply..?? Based on what grounds he can apply??? Whether he need to collect evidences of her cruelity??? if so what type of evidences will help?? Some of the incidents showed her cruelity are She celebrated their child's first birthday without calling him and his parents. (Arranged in a hotel taken photographs). One day she ran out of his house (given prior information to her parents and brother). My friend was rooming and searching in their friends house. later in the evening she came cooly. She is threatening him if you apply for divorce i will put  you in dowry case & adultery case.(whether we can file FIR in the court stating that she is behaving like criminal) Just help me what evidences he needs to collect against her. Thank you

I second Mani's reply here.

Applying for divorce, that she is threatening to put dowry case etc is something else.

Remember there is a child out of this wedlock, why  not use it as a stepping stone towards self modification for the betterment of their own future as well as for the child?

I do not think both of them are so adamant where they could actually say enough is enough.

and there is a third angle to the topic ie you the friend who is seen as "PATI PATNI AUR WOH"

Give the guy a breathing space, let him have his space, stop talking to him for a while, if you keep talking to him, his chances of filing divorce will become  more, ie talking about the same subject will make one end up doing what he or she has  been talking about.

But you can as well give this advice to him as a friend as I say.

Its not that easy,  divorce, facing also those cases of 498a, DV etc for both of them, superficially when people jump into decisions without much thinking, they end up doing more danger to themselves than good.

It takes a lot of courage to go through a divorce, for both the parties, and here there is a kid involved.  

One has to also look into what will happen to the kid and what about the future life of both the parties, whom will they marry? will they remain single?  What will happen if the kid ends up being with the father, what will happen if the kid ends up being with the mother, mother with a kid who will want to marry, all these things have to thought before proceeding for divorce.

Once you're in there its like ghoda hain maidaan he.  So let them think all this, and as I said "stay away from your friend for some time"