• Video of messages

My wife hs taken a video of my whatsapp messages which i sent to my girlfriend. Can this video be used for divorce? Can there be any criminal proceedings using this video?
Asked 7 years ago in Family Law
Religion: Christian

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20 Answers

what type of video is that

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

Wife cannot use video of your what’s app messages with your girl friend in divorce case

It would be infringement of your privacy

She cannot use it in criminal proceedings

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Yes your wife can use this against you to obtain a Divorce on the charges of adultery i.e. if the messages are incriminating enough. However criminal proceedings cannot be initiated against you by her atleast. Your gf's husband can however file a complaint under 497 against you.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

Firslty, now it has been allowed by the Supreme Court to grab any evidence by way of spy act.

Secondly, actually there can’t be any criminal proceedings against your husband as there is no provision which may say that this act of your husband falls under any criminal provision.

Thirdly, but yes, on the other hand you can very well file divorce on the ground of adultery.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Yes this can be used as evidence of adultery and cruelty in a divorce case though no criminal charges for adultery can be filed upon you but in the divorce proceeding this can be used .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. It can be used but it will have very little evidentiary value sans the actual content of the chat.

2. No criminal proceeding can be sustained merely on the basis of this video.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Yes, these videos can be used as ane evidence as per section 65B of Indian Evidence Act-1872

no, there is no criminality, until and unless you alleged that she theft all the data from your phone without your consent.

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

She can use these videos as a proffered of adultery under section 497 IPCto get you punished and later may be used for the evidence in divorce case.this is punishable up to 5 years and fine or both.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

I do not think she will be able to use thing for launching a criminal case against you however, this could be used by her to as an evidence in any divorce proceedings which she proposes to file against you.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

Dear Sir,

Without personal relationship massages not have any impact upon marriage relationship. Such video clippings firstly is of infringement of your personal liberty and such evidence taken stealthily is not accepted. The more on electronic evidence are as follows.

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https://en.wikiversity.org/wiki/Indian_Law/Criminal_evidence

Please put the following in the browser and get the relevant matter.

RECENT TRENDS IN RECORDING AND ADMISSIBILITY OF EVIDENCE TOPIC:- APPRECIATION OF EVIDENCERECORDED THROUGH ELECTRONIC MEDIA. Prepared by Sri.P.Rajendra Prasad, Addl. Senior Civil Judge, Srikakulam.

Kishan Dutt Kalaskar
Advocate, Bangalore
6250 Answers
502 Consultations

Yes, it can be used in divorce proceedings.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

no, poor evidence.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Hi,

1. You did not mention anything about what the whatsapp messages contained.

2. In case, if the whatsapp messages contained any porn related material or messages then this incident could be taken as ground to file divorce.

3. Discuss with me further.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

They can be used for divorce proceedings but won't be able to use for criminal proceedings.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

She cannot use those messages in criminal case against you

She cannot use it in divorce case

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

1. Sec. 65B of Indian evidence act, the digital evidence is valid in the court of law.

2. It may may be hard to prove from her side on the charges.

3. Pls discuss with me the screenshots.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

This video until and unless the procedures laid down in section 65B of Indian evidence act if followed, shall not be an admissible evidence.

Further this is not a criminal offence.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

I am gay but married a girl, now after 6 months she found out about my orientation by reading my whatsap messages to my gay friends. Can she use this for criminal charges against me? Can the screenshots of messages be used for divorce?

The screenshots of the whatsapp chats cannot be admissible evidence

SD

he may not even able to corroborate her pleadings with this, hence you may not be worried on that aspect

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

She cannot put criminal charges based on the chat on you. Though for divorce such evidence can be used and she can take this as ground of cruelty in divorce proceeding.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No criminal case but same shall be used for granting divorce.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

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