So here's a situation where due to incompatibility issue, wife is living separately with her parents and now they have finally approached for a divorce. They are rather using a tactic where in the grounds of divorce is husbands flirtatious nature which they are about to show as a proof via hacking into his account and show case the screenshots. Is it even valid to hack into someone's account? How can one prove in that scenario that the messages/conversation was done actually by husband and not by themselves just to generate proof of unfaithfulness?
Hello,
Yiu may only take action as and when the case is filed by them with these allegations.
If such evidences are produced then challenge the validity of the suit and evidence and file a case against them for hacking into your account.
If both of them are ready for divorce then I would advise you to go for mutual consent divorce.
Regards
No it is not valid to hack into account a criminal complaint with cyber cell of police can be filed , hacking is breach of privacy and punishable offence under the Information and technology act,
The evidence can be disputed in court by showing the FIR on them for hacking and on ground that wife created the false chats to defame husband and create false evidence.
See maintenance is other issue if the wife is not earning and cannot maintain then at primary instance maintenance can be there but that can also be contested. So the maintenance can be there even if the wife file for divorce, The complete fact and circumstances need to seen.
If a wife cannot maintain herself, she can claim maintenance rights from her husband. If a woman is contesting a divorce she is entitled to 1/3 of the salary as per the rule of thumb to rightfully claim for maintenance. What relief you want?
1) hacking into account is an offence under IT act
2) you can file case against wife Section 66B covers punishment for receiving stolen computer resource or information. The punishment includes imprisonment for one year or a fine of rupees one lakh or both.
3) you have to pay alimony to wife in case of divorce
4) i presume your wife is not working or even if she is working there is substantial differences in your income
Dear Client,
Hacking someones account,itself a crime and why court will rely on evidences procured through illegal act.
Such screenshots lost the credibility due to unauthorized access by third person.
No they can't access your social media accounts in an unauthorized manner and incase they attempt to do so, you can report a case of cyber crime against them.
No need to prove each other's fault if you both are proceeding ahead with mutual consent divorce
This is my response to you:
1. So file a police complaint of fraud agains these in-laws;
2. You can also ask them go for mutual consent divorce and wrap it up earliest;
3. Nonetheless you will have to pay alimony to the wife;
4. You can reduce the alimony;
5. You can quote certain liabilities, debts and loans;
6. Consult a local lawyer and take steps.
Such evidences are not valid;
Especially for proving his adultery she has to produce substantial evidence of compromising in nature, hence such chat messages are not admissible evidence.
Thus there is nothing that she can prove by filing such evidences which are not admissible in law.
