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Author Topic: Any provision to ask opposite party to provide source of my personal document?  (Read 965 times)

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ASASASAS

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I have filed for maintenance pendente lite from my husband. In response, he is trying to prove that I am self-sufficient and able to provide for myself. For this, he has hacked into my e-mail account and has produced/filed in court my bank statements. Is there any privision in law whereby I can request the court to direct him to disclose where/how he has obtained something as personal as my bank statements? Basically, is there any provision where one party can ask the opposite party to disclose the source of a personal document obtained through wrongful, even criminal means like hacking?

Offline advdesai

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yes there is it comes under right to privacy.
you can either file an application in court on right to privacy or ask the court to direct your husband to disclose the source.

are you working lady if yes chances of maintenance will be deem
Advocate Desai Knows the Law

ASASASAS

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Thanks Mr. Desai.
No, I am not working for the last few years, though was well-placed once upon a time.

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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There is no need to file any separate case or petition to ask your husband to disclose the source of his evidence rather ask your lawyer to squeeze out the source at the time of cross examination. If he failed to disclose the same then the evidence will not be taken into account as per the procedure of Evidence Act. Even he produced your bank statement then also court cannot accept the same until and unless the it has been duly signed by the bank authority.

For further clarification and advice you can contact.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

ASASASAS

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Thanks Mr. Sanyal. Allow me to elaborate.
The thing is this - Both he and I filed a separate set of documents in court on the same date. His set, besides some citations, also contained my bank statements to show my savings, which I had accumulated while I was working till quite some time back, post which, I have been unemployed, though he is trying to rely solely on my capability to work, basis my past work record. My set of documents also contained some citations as well as my bank statements to prove in court that I have had no inflow of cash by way of salary or any professional fee over the last few years. So basically, we have both produced the same thing, namely, my bank statements, but to prove different things. My objection is only and only to he producing my bank records without my permission. Now the authenticity issue of the record is not applicable here according to me since I have submitted the same document. I basically want to have him pulled up for daring to produce my personal document in the first place. Can this be handled smartly?

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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First tell me... Is your case being conduct by any professional lawyer? If so then, I am sure that he is not taking your case seriously and diverting from the main objective i.e. to get maintenance order.  Actually I cannot criticise any advocate in open forum neither I can tell you the procedure in this open forum which I follow and suggest my clients to get quick relief due to my professional reasons and secret. Hope you understood my situation and professionalism.

For detail legal advice and suggestion, you can contact me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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