• Spying on wife through phone software

I strongly suspect that my wife is cheating on me. To gather evidence, I am planning to "gift" her a phone which will have spy software installed in it. The phone (device) will be in my name, but not the connection. I want to understand:

1. will the installation of such a software in the device be illegal?

2. if evidences gathered this way are going to be admissible in court?

Thank you

PS: I am an Indian citizen currently living in US. I am planning to divorce in India.
Asked 3 years ago in Family Law
Religion: Hindu

17 answers received in 1 day.

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26 Answers

Highest institution of loyalty is marriage all evidence to save it are admissible in court no matter how and what way you collected it

D S Dabas
Advocate, Gurgaon
18 Answers

4.0 on 5.0

1) installation of spy software is illegal

2) such evidence is inadmissible in evidence

3) rather consult a local lawyer in india and act as per his guidance

4) if wife is having extra marital affair then hotel bookings would be sufficient to prove adultery as they checked in one hotel room together

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

Hi, the evidences gathered by this mode would be required to be authenticated and you may go ahead with it as for starting. But, be careful. You may file divorce in India under the provisions of your personal law.

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

It is admissible in court provided it is a valid evidence which proves cheating by your wife. You can also hire detective services for the same. You have to prove the said evidence through 65B of Indian Evidence Act.

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

1.It is not legal but if you on its basis unearth a crime like infidelity then it is fine.

2.Yes but after test report form Forensic Test Laboratory.

3.Under the circumstances unless you can show that your wife has independent source of income you cna not avoid paying maintenance to her.

4.File Divorce suit in India only.

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

1. Unless the connection is in her name any recording made through it is inadmissible in evidence.

2. Spy software installed to collect evidence of adultery is not illegal.

Ashish Davessar
Advocate, Jaipur
29956 Answers
864 Consultations

5.0 on 5.0

Dear Concerned,

Spying is certainly not legal - however as you would be using the evidence in Indian courts - the source may not matter. Any documents given in the court will have to be proved from your end at the stage of evidence.

You may choose to file divorce in India but you will have to be physically present on each date, rather we suggest if your wife is in US with you , file Divorce in US itself as it is much easier as process and less time taking, speak to a local attorney for the same.

Best of Luck

Atulay Nehra
Advocate, Noida
1247 Answers
58 Consultations

4.7 on 5.0

Dear Sir

Right to Privacy is an important Right. Probably installation of such SPY Software would be an offence for u in US. The evidence collected is admissible though, subject to the proof of its authenticity.

Vivek Mapara
Advocate, Ahmedabad
28 Answers
4 Consultations

5.0 on 5.0

Phone taping is illegal act.

You can file case in India.

Phone taping it self a cruelty your wife can use the same against you in both civil and criminal case.

Rajashekar
Advocate, Bangalore
570 Answers
4 Consultations

4.8 on 5.0

1. No, this will not be illegal. Basically, the domain of spying and snooping largely unregulated in India and hence, as on date, this is not an offence.

2. Yes, the evidences you gather in the above process will be admissible in the Court.

Vibhanshu Srivastava
Advocate, New Delhi
9126 Answers
179 Consultations

5.0 on 5.0

Dear Client,

as you are living in US and going to do an act in US so you are advised to consult someone in US regarding your 1 query.

and for query no. 2, any relevant evidence is admissible in Court with irrelevancy to the fact how it is obtained.

for further clarification you can contact me.

Suneel Moudgil
Advocate, Panipat
2330 Answers
3 Consultations

4.7 on 5.0

spying on wife by husband is not illegal. You propose to install a spy software in the phone. Get a certificate from the makers before installing and after installation. This can be produced by you along with call details, log details, sms details etc., Evidence produced by you will be admissible only if a certificate is attached by the software manufacturer about the genuineness of the software otherwise the evidences will not be considered.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

Hello,

The wife in such case can file a case for infringement into the private life and certainly these are not the primary evidences and are to be corroborated by other evidences or circumstances.

I would instead advise you to engage a private detective who can gather the evidences for you and then you may file the divorce.

Regards

Anilesh Tewari
Advocate, New Delhi
17847 Answers
312 Consultations

5.0 on 5.0

Dear Query Raiser,

There is no harm in having a software installed and to get the data whatever required by you for filing a case of cheating against your wife, but as far as the software is concerned any phone any software to be installed now a days do have username and password to be entered and in such a case you yourself are leaving a passage for your wife, if she catches the installed illegal software done by you, then you may just land your self up in hard waters.

Instead take professional help there are many agencies which are capable and are doing such work.

Arun V S
Advocate, Jaipur
55 Answers

4.0 on 5.0

Do you suspect her fidelity?

If so, circumstance are enough and getting strong circumstantial evidence may help prove adultery than direct evidence.

Therefore, installing and monitoring may satisfy you, but not the court of law.

Instead of getting out of trouble, why do you create more?

Rajaganapathy Ganesan
Advocate, Chennai
1804 Answers
8 Consultations

4.9 on 5.0

See what you are doing is violating of right to privacy, that is a fundamental right in India. If she gets to know in middle you may struck in the another case.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

hi, yes phone recordings are admissible in court..however they may not be sufficient to establish adultery..it is also advisable to hire a detective for collecting evidences

Hemant Chaudhary
Advocate, Gurgaon
4595 Answers
41 Consultations

4.9 on 5.0

1. Invasion of privacy is not an offence, but this may come undr3 the offence of bugging or tapping the phone which is considered as an illegal act.

2. They may not be admissible as primary evidence in court since the procedures to be followed as per provisions of section 65B of Indian evidence act will not be possible to comply.

You can file divorce case on the grounds of mental cruelty citing her suspected adulterous life or related activities as among the reasons seeking dissolution of marriage by a decree of divorce.

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

1) you cannot file for divorce by mutual consent execute POA in favour of family member

2) personal presence is not necessary

3) your lawyer can forward divorce petition to you .have it attested before Indian consulate and return same

4) your virtual presence through Skype is sufficent

5) MCD takes around 6 months

6) don’t install any secret cameras at your residence

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

Dear Sir,

Your presence is required in Family Court of India for taking mutual divorce.

Installing secret cameras is nothing but invasion of private liberty of a person, thus not acceptable in Indian Courts as valid evidence.

Kishan Dutt Kalaskar
Advocate, Bangalore
5583 Answers
218 Consultations

4.8 on 5.0

Installing secret camera in your house is your will and wish, but to prove that you may have to follow the provisions and procedures of law.

For mutual consent divorce, you may have to visit the court at least once or if the video conferencing facility is available, you may utilise that facility to depose your evidence from elsewhere.

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

You may appear through your Power of Attorney

If two are ready for mutual consent divorce then there is no point in installing spy cameras.

If you however want to file a contested divorce then you may install spy camera outside the home in order to collect evidences.

Regards

Anilesh Tewari
Advocate, New Delhi
17847 Answers
312 Consultations

5.0 on 5.0

You can appoint any trustworthy person in India by special power of attorney who can take decision on your behalf.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

1.Both the spouses have to appear personally in the court to apply for mutual consent divorce unless they execute a Power of Attorney in favour of a blood relative to authorize him to appear on their behalf.

2. You are free to install secret cameras inside your house.

Ashish Davessar
Advocate, Jaipur
29956 Answers
864 Consultations

5.0 on 5.0

For filing Mutual Consent Divorce, you do not have to personally visit India. Rather you can provide Power of Attorney to any one of your relatives or trusted. That would suffice.

So far so CCTV is concerned, you can install the same, there is no embargo. However, do consult a Local Attorney in US, regarding Privacy Right.

Feel free to contact.

Vivek Mapara
Advocate, Ahmedabad
28 Answers
4 Consultations

5.0 on 5.0

Hi, for divorce proceedings you will have to come to India certainly. The idea of installing secret camera at home is good but the contents must be checked periodically.

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

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