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Phone Spying by my estranged husband
25-Jan-2023 (In Divorce Law)
I am staying separately from my husband since last two years. We have pending litigations of divorce, child custody, domestic violence against each other. However, I suspect he has put my phone on surveillance. Is it legal? and can he use those recordings in court against me?
No. Putting anyone's phone on surveillance is not legal. In fact it's a criminal offence. Your husband cannot use anything obtained from such surveillance against you. But yes, he can indirectly use it against you, till the time you have no evidence that your phone is on surveillance.
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Adv. Kawaljit Singh Bhatia
Delhi | 400+ Answers
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phone tapping is an illegal and criminal offence in India. it can be done only under the authority and permission of the central or state govt. it is against the article 21 of the constitution which talks about the personal liberty and right to privacy is a part of personal liberty. if you are suspecting your husband being spying your phone. you can either lodge an FIR at your nearest police station or can file a case in the court under Section 26 (b) of the Indian Telegraphic Act.
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Adv. Megha Mary Thomas
Delhi | 100+ Answers
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spying by your husband is completely illegl. whether any evidence collected through this method Will not be admissible in court. also if you have a proof of your husband spying on you You can make a complaint with the police.
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Adv. Ragini Anand
Delhi | 25+ Answers
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