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

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

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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

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.

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?

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.

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

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.

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

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.

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.

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

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

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.

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.

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.