Can a Spy software be used as a evidence in a divorce case


Can spy software be used as a corroborative evidence to prove the adulterous nature of respondent? Petitioner filing for divorce on grounds of cruelty alone and not adultery. Only implying that the respondent's adulterous nature amounts to emotional abuse. Further, this software was placed only after the respondent asked for exit from marriage to petitioner. Will respondent cite infringement of privacy in this case? Or section 65 b can be availed in this case. Pls advise.

Answers (1)


59 votes

If the divorce is sought to be obtained on the ground of cruelty and not adultery, this evidence intended to be produced before court may not be entertained or allowed by court.
In my opinion section 65 A or 65B may not be applicable to this case.
The provision of 65 B of the evidence act is reproduced below, hence you may analyse how far this evidence in possession is admissible to the present case:

(1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.

(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely: -

(a) the computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer;

(b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities;

(c) throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and

(d) the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities.


There is no provision in law to book a person for commission of an offence for infringement of privacy of others.


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