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Shyam Bihari (mngr)     24 February 2014

Unauthorized email access, as evidence

My friend has filed case against his wife (who has deserted him for more than 2 years) on the grounds of mental cruelty and desertion.  In a reply to the petition my friend's wife has produced an email showing a train ticket wherein my friend has traveled with his sister and she is claiming that my friend is having ill relation with his sister. The email was accessed in an unauthorized way and after she had deserted my friend's house. In this connection I have the following questions and will appreciate clarifications on the same.

1. Will the proof be considered as legal and authentic? Is traveling with one's sister when her husband has consent for the same an offense?

2. Since the email access was unauthorized and done from other system and especially when my friend's wife had deserted his home, can he file a cyber crime complaint and a case? If yes, is this offense punishable and to what extent?

3. My friend says some of his emails which would have been a good evidence for this case are also missing. Can this become a case of foul-playing and destruction of evidence?

Thank you so much.

Shyam Bihari



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 1 Replies

abhijeet (Executive)     24 February 2014

There is nothing wrong on traveling with one's sister. Relationship of Sisters and mothers are well protected in courts. And the courts respects the said pure relations, unless she has other evidences to prove otherwise. If she does not have other evidences then such mere elegation will boomrang to her back and will facilitate your divorce as she can't respect such an relation of brother and sister in India.


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