Advocate Sreelakshmi A S

Questions Answered by Advocate Sreelakshmi A S (25+ answers)

Q: Admissibility of mobile screen photos to prove an affair

Wife took photos of my phone screen to prove an affair.can it be admitted?

Advocate Sreelakshmi A S answered
Challenge Irrelevancy and Privacy Violation (Puttaswamy Precedent): Under K.S. Puttaswamy v. Union of India, privacy is a fundamental right. Courts (including various High Courts) have held that evidence collected through illicit, covert, or unauthorized intrusion into a spouse's personal phone can be rejected on the grounds of constitutional privacy violations.​Non-Compliance with Electronic Evidence Laws (Section 63 BSA / 65B Evidence Act): A photograph of a phone screen is secondary electronic evidence. Under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 65B of the Indian Evidence Act, 1872), secondary electronic evidence is legally inadmissible unless accompanied by a mandatory legal certificate from the person who had lawful custody of the original source device. ​Without the original device or forensic hash values, a printout or secondary photo of a screen cannot prove authenticity, making it susceptible to allegations of tampering, morphing, or editing.​Immediate Court Action: File an Interlocutory Application (IA) before the Family Court objecting to the admissibility of the photographs, highlighting illegal procurement, chain-of-custody failure, and lack of statutory certification.

Q: Legal remedy against divorce case with hacked chats

What to do if wife files for divorce using illegally hacked WhatsApp chats?"

Advocate Sreelakshmi A S answered
In simple terms, accessing or hacking someone's WhatsApp without their permission is illegal, and evidence obtained this way can be strongly challenged in court.​Challenge the Evidence in Family Court: You can file an application stating that the WhatsApp chats were obtained illegally by violating your fundamental Right to Privacy. Under Indian evidence laws (Section 65B of Evidence Act / Section 63 BSA), electronic evidence requires strict proof of lawful custody and valid electronic certification.​File a Cyber Crime Complaint: Hacking or accessing another person's WhatsApp/mobile device without consent is a punishable offense under the IT Act (Sections 66 and 66E), carrying penalties and imprisonment up to 3 years.

Q: My wife abandoned the kid in the hospital in UAE and got custody

My wife got the daughter custody from Kerala High Court. Now she got divorced in UAE and got joint custody. Last week my ex wife travelled alone without informing me and dropped the kid at home with maid. I already put a travel ban on my daughter after joint custody. My ex is repeating this many times. What I can do to take the custody of my daughter in India. My daughter is suffering from Myoclonic Epilepsy

Advocate Sreelakshmi A S answered
File an urgent interim application for modification of custody before the local Family Court under Section 26 of the Hindu Marriage Act (or Guardians and Wards Act), praying for immediate temporary physical custody on the ground that leaving a child suffering from Myoclonic Epilepsy unattended with a maid constitutes severe medical neglect and a material change in circumstances. Frame the argument around the paramount welfare of the minor child, emphasizing that Indian courts are not strictly bound by foreign (UAE) orders when the child is in India (Nithya Anand Raghavan precedent), while simultaneously securing an injunction restraining the mother from removing the child from the court's jurisdiction, supported by medical records and evidence of the mother's frequent travel.

Q: Iam not comfortable with husband, he is very angry and hitted me, liqu

Iam not comfortable with husband, he is very angry and hitted me, liquor drinking issues, my mind set very down, mentally iam dusp

Advocate Sreelakshmi A S answered
If your husband is physically abusing you and misusing alcohol, you have clear legal remedies.You can file a case under the Protection of Women from Domestic Violence Act, 2005 for protection, residence, and monetary relief. For cruelty and assault, you may lodge a criminal complaint under Section 498A IPC and Section 323 IPC.You can approach the police immediately for protection. If you choose to live separately, claim maintenance under Section 125 CrPC.Keep evidence like medical records and photos of injuries. If there is immediate danger, move to a safe place and seek help from police or a Protection Officer.

Q: I need a legal advice in this matter

I have been married for 20 years, due to my business loss, i have sold my house and settle loans and balance amount around 28 lacs deposited into my daughter bank account, now my daughter and wife refuse to take the money from deposit. now i am in pennyless position. let me give some advice about this matter

Advocate Sreelakshmi A S answered
You generally cannot withdraw money from your daughter’s account if it is treated as her funds, especially if she is a major. If she is a minor, withdrawals must be for her benefit and may require consent of the guardian.However, if you deposited the amount only for safekeeping or a specific purpose (not as a gift), you may have legal grounds to claim it back, subject to proof.This depends on facts and documents. Please call me to discuss in detail and take proper legal steps.