It act 2000: my it returns fetched illegally

@Querist,

1.That evidence is not admissible in the court of law as it's not certified copy of the ITR.

2.If it was a certified copy,then it was immaterial if it was obtained by legal or illegal means.

Ask the court if your wife has any certified copy of the ITR if not how can it be suject to admission.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

They filed affidavit in the court saying the copies are genuin, though not certified by any authority. 

And with that affidavit court accepted the ITR copies and case moved ahead after they gave closing of evidence stage.

Can my lawyer argue in 'argument' stage about this un-certified copy?

under which law it is not an evidence in eye of the law?

Thanks,

Sunil

Is this return fabricated indeed ? Or they are copy of the actual ITR which you have ?

Look for other options. If ITR copy is authentic, it can always be called from IT department via CrPC 91.

Focus your energy on other aspects of fighting the case instead of focusing on this point.

Dear,

Evidence is evidence, how it is procured is immaterial. you can rebutt it by showing that ITR is forged or fabricated now burden of proof shift upon you. Instead of filing ITR, you can show original to judge and then get it back.

Rajiv Bhasin 

Advocate

Bhasin & Associate

bhasin.laws@yahoo.com

9811210505

@Querist,

You have got the answer.All above replies is relevant.Now for further suggestion you come up with full facts.

Thanks,

Regards,

@newS_Know,

As the ITR copies already submitted with affidavit and 'Exhibited' what options i'm left with? Can I initiate any legal proccedings against her/FIL ?

One thing I could understand after reading through IT-Act is that they've commited some crime by illegally getting my personal information. The proof I've is affidavit filed by her.

Any comments ?

Regards,

Sunil

Sunil,

You are right , you can go for filing complaint under IT Act in Cyber crime. I have read one such case where complaint filed in IT Act put immense pressure on opposite party and husband was able to convict wife.

Refer to link

https://ipc498a.wordpress.com/2010/05/20/the-pune-techie-lands-in-the-498a-morass/

https://www.498a.org/forum/viewtopic.php?f=41&t=6229

Try to contact him by any means for more help.

I have nt gone through entire act but following should give you head start,

43. Penalty for damage to computer, computer system, etc.
If any person without permission of the owner or any other person who is incharge of a computer, computer system or computer network,-

(a) accesses or secures access to such computer, computer system or computer network;
(b) downloads, copies or extracts any data, computer data base or information from such computer, computer system or computer network including information or data held or stored in any removable storage medium;
(c) i ntroduces or causes to be introduced any computer contaminant or computer virus into any computer, computer system or computer network;
(d) damages or causes to be damaged any computer, computer system or computer network, data, computer data base or any other programmes residing in such computer, computer system or computer network;
(e) disrupts or causes disruption of any computer, computer system or computer network;
(f) denies or causes the denial of access to any person authorised to access any computer, computer system or computer network by any means;
(g) provides any assistance to any person to facilitate access to a computer, computer system or computer network in contravention of the provisions of this Act, rules or regulations made thereunder;
(h) charges the services availed of by a person to the account of another person by tampering with or manipulating any computer, computer system, or computer network,

he shall be liable to pay damages by way of compensation not exceeding one crore rupees to the person so affected.

@Querist,

It is immaterial,as i said earlier,that evidence obtained by legal or illegal means. If the court accepted that evidence,it's now become a suject of cross-examination and for that you are there.You can rebut those evidence if same is not true.But in case if it's true,then other path of action should be chosen and for that path,you have to describe the whole situation.

For what she produced your income tax return?What are the circumstance?What's ongoing between you two? These all question remain unanswered by you till this time.How can anyone suggest you?

Though She might have committed an offence in procuring those evidences and for that she might be punished but this is not gonna help anyway.Does it?

Therefore,either you tell us the whole incident or to your local lawyer.He will guide you.Rest is story.....

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

Hi @newS_Know,

Here is the story:

- Husband wife started living separately before three years

- wife filed maintainance case under 125 last year

- She got my salary details from my employer by court summon under crpc 91

- case is at evidence stage for me. Her turn is over with filing affidavit with my ITR copies

- my FIL has got my bank account statments and this ITR copies through his contacts

- I had almost lost my job as they harrased me at my work-place by calls/letters/RTIs  etc..

- I've also filed for divorce recently.

I hope the story is clear now.

Regards,

Sunil.

@Querist,

I am very surprized to know that you are focusing on such issue which is fruitless rather than focusing on how you can avoid giving high maintenance amount to her.

Here are some steps you could try-

1.You try to establish that she is well educated and capable to earn.

2.you try to establish that she is adulterous(i doubt if she has this feature).

Hope if you could get the answer by this reply.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

@newS_know

Thanks for the responses so far.

I'm not much worried about that maintainance thread.. as my lawyer has done his best about this.

My query in this thread is related to the affidavit filed by wife for ITR copies she fetched illegally. What should be my next step to guard myself for such unethical/illegal activities by opposite side.

Regards,

Sunil

@Querist,

1.You inform all such agencies/company that if anybody wants to get information of you other than police,they will inform you about such activity.

2.If you want further litigation, you can file a Civil suit for compensation for damages caused by the action of IT department.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

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