I have divorced my wife through 3 consecutive notices of divorce in 3 months as per Muslim law. My wife got my 6 months of call records illegally and threatening me. She has already filed 498A, 323, 504, and 114 against me. I want to take legal actions against her for these illegally obtained call records. I also want to take legal action against the telecom service provider (BSNL) for breaching my privacy. Please advise me on how to proceed and what kind of actions I can take.
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1. It will be difficult for you to prove that she has got your call records from BSNL. Her lawyer might argue that it is you who had left the details with her by oversight during one meeting or her Advocate might show several other ground for her laying hand on those details.
2. You shall have to be confirmed that BSNL has given her the said call details for suing BSNL.
For recording your call records can't be breaching your privacy against telecom provider. There is no section against telecom provider. You can take action against her as per other laws or IPC for defamation, false prosecution etc
File a criminal complaint against the telecom company for breach of trust. You can also file a suit for damages against the operator.
Similarly, your wife can be sued for damages and an injunction against use of the call records may be obtained from court.
Firstly the call records are not admissible in court of law.
Secondly do you evidences to prove that she obtained these call records illegally or do you have any documentary evidences to level allegations against the mammoth organization called BSNL?
Instead of wasting your time and energy on such petty issues, you work out strategy to challenge her criminal complaint against you properly in the trial proceedings.
File police complaint with cyber cell against BSNL and your wife for infringement of your privacy and giving your call records
- Since, you have given divorce by three consecutive notices of Talaq, then divorce has taken place as per Muslim Law.
- Further as she has filed cases under criminal sections, then you are advised to take anticipatory bail from the session court .
- Legally none having right to take call records from the telecom services except police personnel and other investigating agency.
- If BSNL has provided her the said call records details , then you can lodge a complaint before the police and other competent authority .
Call recordings are treated in different manners owing to each peculiar set of circumstances. Also telephone laws would apply to such recordings. Exposing someone's messages or call in public or someone exposing your calls or messages in public is an offence and also violative of Article 21 of the Constitution
