Bail in anticipation of filing a 498a case
No case has been actually filed so far, but that is likely to happen in desperation if negotiations fail. Can we get AB now itself by giving evidence of 'objectionable messages' exchanged by her on whatsapp with another man ?
Asked in Civil Law from Banglore, Karnataka
If you apprehend arrest you are entitled to seek anticipatory bail from such arrest. If you have messages on whatsapp you can use it to as one of the ground for seeking divorce and therefore every possibility that in retaliation she could file false criminal cases against you and your family members.
Contact a good criminal advocate immediately to start the process.
only after FIR is filed can you apply for anticipatory bail
2) once FIR is filed police will issue you notice under section 41 A of CR PC calling upon you to record your statement
3)police will conduct investigations into the allegations made .
4) you can apply to court and obtain AB
You can. If there is strong anticipation of they registering complaint agaist you.
You have to approach Sessions court seeking anticipatory bail.
You cannot obtain anticipatory bail anticipating her actions when she actually has initiated any action so far agaisnt you.
There is no answer in law for your presumptions.
The court will not entertain any application for anticipatory bail in the absence of any pending complaint before any police station.
Do not jump into any decision in haste due to your anxiety.
Such hasty conclusions will actually attract any criminal case provoking her even if she had no intention of plan to contemplate one agaisnt you.
Have patience and wait for the developments after which you can plan to counter her action step by step.
Usually none of the spouses would have given permission to access the phone data. Only in friendly handling occasionally, such revelations come up, leave aside the spy-software’s cases. Will such coincidental revelations amount to ‘unlawful’ under IT act of India? What will be the fate of that evidence in court and what reflections will it have on the petitioner for divorce? What is the way for not attracting the IT law provisions?
Asked 9 months ago
Will such coincidental revelations amount to ‘unlawful’ under IT act of India?
There can be no offences made out by drawing such inferences. There is no question of unlawful act by just going through somebody's phone especially spouse phone by another spouse. A person who feels guilty of the message being seen by the other will only react to it.
What will be the fate of that evidence in court and what reflections will it have on the petitioner for divorce?
The court will not consider the extracts from phone whatsapp messages or any messages downloaded from the chat through social media network. They are not admissible as evidence.
The divorce case has to be fought on the basis of the grods relied upon.
What is the way for not attracting the IT law provisions?
There is no question of a cyber crime at all in this hence there can be no provision of IT act attracting to this.
1) you cannot hack your wife email and access her correspondence with another man
2) you cannot record her conversation with another man
3) it would be an infringement of her privacy and an offence under IT act
Unless the FIR is actually filed you cannot get AB, so wait till the registration of FIR.
The phone data of spouse which incriminates him or has a repelling effect on his claim can be led in evidence but this does not imply that the provisions of IT Act will not be attracted.