• Divorce/DVC

My wife is lieying to the court saying that email id is not correct. But from that email id she accepted my profile online when interacted for the marriage proposal at the first. We print those and showed to the court and when asking questions she says that email is not her. Is there any third party where I can prove that this is her correct email id?
How make the court believe of the mail when sender denied but mail id is admitted.
Please help. 

Asked 2 years ago in Family Law from United States
Religion: Hindu
Authenticity is often established by testimony of a witness who sent or received the emails, in essence, that the emails are the personal correspondence of the witness.

2) since your wife has interacted with you on said email id your testimony that emails were sent by your wife and duly replied to by you should establish the authenticity of said emails

3)email may be authenticated by reference to its appearance, contents, substance, internal patterns, or other distinctive characteristics taken in conjunction with circumstances

4)you can examine technical witness for identifying the encoded internet protocol (IP) address from which or to which the email was sent. Knowing the IP address enables one to contact the service provider who can identify the sender or recipient. Therefore, if serious authentication issues arise, a technical witness may be of assistance.
Ajay Sethi
Advocate, Mumbai
46908 Answers
2775 Consultations

5.0 on 5.0

You may apply to the court to direct the domain owner to bring the records to the court to authenticate the claim. In such cases where it is your word against her word on the email id being correct or not the courts do not accept electronic evidence. So you have to bring the best witness to the court i.e the domain owner. 
Ashish Davessar
Advocate, Jaipur
23180 Answers
641 Consultations

5.0 on 5.0

Mere deinial is not enough. 
If from the print outs it is established that your wife previously used the said e-mail id and made some communications then the court would disregard her denial at the time of argument.
So place all documentary evidence while cross examining your wife.
Devajyoti Barman
Advocate, Kolkata
13191 Answers
175 Consultations

5.0 on 5.0

File a duly sworn affidavit confirming that the mail ID print out provided is the true and correct copy of the original and that the mail ID provided belongs to your wife only.
This done, confront your wife with other print outs she has received from this mail ID.
Kiran N. Murthy
Advocate, Bangalore
1019 Answers
91 Consultations

5.0 on 5.0

You gather all the evidences and secure them for the final arguments.

Just do not be bothered about her denial now.

If you can prove it substantially that she is lying before court for the purpose of her denying the liability, then the matter can turn in your favor. 

Allow her to make more such mistakes which can be utilised by you in your favor at a later stage.
T Kalaiselvan
Advocate, Vellore
37100 Answers
403 Consultations

5.0 on 5.0

according to section 65-B of the Indian evidence act an electronic document presented from the secured source is admissible as genuine. 

email is a secure source. no one can change the credentials of email. so burden of prove is now shifted upon her to disprove it. 
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

court shall take is as a relevant evidence and no need to adduce other in support of its genuineness. you should take print out of all the received and sent mails and adduce it before the court.  
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

1. You could have asked the Court to direct the Portal/website with whom she had opened her email account to submit her profile which she had submitted to them while opening the email account,

2. Excepting BSNL, no other such service provider/website are likely to abide by the said Indian Court's  order. 
Krishna Kishore Ganguly
Advocate, Kolkata
18818 Answers
454 Consultations

5.0 on 5.0

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