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LALA (R&D Engineer)     31 October 2011

Email hack of unfaithful wife

Hi,

Its unfortunate that I have to share this. But I have discovered recently that my wife is cheating on me, I had doubted it since last month when her activities became suspicious. I could not control my anxiety and hacked her facebook account to find out about the extra-marital relationship that she was shamelessly enjoying. 

Now my questions are:

Is this a cyber crime that I committed?

Can i use the chat message as a evidence for adultery in the court so as to seek divorce?

Also, is it legal for detective agents to hack a subjects's account to collect evidences?

Please help me. I am under terrible mental pressure. Urgent Help needed.

Thanks.



Learning

 12 Replies

M.Sheik Mohammed Ali (advocate)     31 October 2011

you told all circumstancials are not primary evidence, the court only can takes step based on primary evidence, if you can get any sms or mail adultary related, then proved she is adutlary.

indianzindian (business)     31 October 2011

hacking is something which i wont encourage and it is not at all legal.........but since shes your wife and you had stressful relationship with her,under those circumstances if you had done this,then i think to a point its okay.since its becomes necessary for you to know her -other side also.

if you need divorce then seek assistance from some local lawyer providing him all the details.that would be the best option according to me....

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 November 2011

Dear LALA

you have committed offence under Cyber law after hacking facebook.

noone can hack the account, facebook, orkut etc.

as sms IS THE EVIDENCE AND YOU CAN PROVE BFORE THE COURT ADULTRY.

FEEL FREE TO CALL

Adv. Chandrasekhar (Advocate)     01 November 2011

On this forum, one or two months back, one member posted a judgment of bombay hc.  in that wife hacked the e-mail  of husband and placed them on the file of the matrimonial case.  husband initiated criminal action against the wife under IT Act.  Wife came before HC for quashing the same, but the court approved the action of the husband to initiate criminal case against wife.  Find out that judgment on this forum.  there may be some errors in my above said facts, as I have been recalling them after a long time. 


(Guest)

Only a registered and an authorized Private Investigator ,or the Investigating Agency of your Country  can hack which is CBI or the Police in your case.

LALA (R&D Engineer)     01 November 2011

Thanks friends for your responses. My situation is still very bad. But your response are helping me a lot. My inferences based on the replies are as follows:

1) Hacking is illegal under law. But for the purpose of collecting evidence if a detective agent hacks, it may be acceptable.

2) Even if I claim on court I have hacked for evidence, I may be fined but a very nominal amount as I have not made it public and caused damages to her image. I will be happy atleast if the hacked messages are useful for the case.

3) I need more evidence to conclusively prove the adultery case.

LALA (R&D Engineer)     01 November 2011

I have a few more queries. We both, me and my wife, have bought a house together when we were in our hay days. Now I am sure she will not let go of it easily. And even when she is the one committing adultery, she will still try some tricks to take the house from me. I cant afford to loose my house.

Now my query is, 

How can I stop my wife from getting the house?

Will proving her adultery, help me in this regard?

My belief is since I still wanted to carry on the relationship and I should be atleast alllowed the house.

Please help.

Parth Chandra (none)     02 November 2011

1) If the house is in your name alone or loan take and being paid by you only and if there is not payment made by her at anytime in past to facilitate its purchase then rest assured noone can take the ownership right of that house from you.

2) If possible sell the house or transffer it in some other's name. If not then make a registered will to give it to XYZ of your choice and clearly mention in the will that no benifit of your X, y and Z wealth/property should go to your estranged wife.

 

Abvoe would do, take help of good lawyer on above lines.


(Guest)

LALA: An adulterous wife forfeits all pecuniary advantages including child custodial rights. Thats the non Indian position. To be on on the safeside try geting mutation of the house in your name and all bills also in your name. PM me ,let me see case law on this.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 November 2011

forget about using them as evidence. 

 

try to prove the case independently.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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