Technology is now an integral part and has influenced many spheres of our lives. While many individuals are unconcerned about the presence of technology in their life, it is not unusual for them to discover how much it has influenced the quality of their relationship and how it might harm them in the event of a divorce. Technology that we use and the data that we generate on a day-to-day basis can have lasting consequences in the event of a breakdown of a marriage.
Shared
Technology
Passwords, social
media accounts, mobile phone plans, and accounts for services like Amazon or
Netflix is frequently shared by couples. While combining accounts and services
is handy, keep in mind that your spouse has access to a lot of your personal
information, including what you look at online, who you email, what you buy,
and who you contact or text. While this is not in itself a problem, but it
can provide a critical foundation for knowledge that might lead to conflict in
situations where trust is becoming a problem.
If you're getting
divorced, these shared accounts might hurt your case by giving your spouse
access to information that could be used against you. Therefore, it important
to protect your online privacy during divorce proceedings.
Social Media
Technology may be
a wonderful tool for connecting and communicating with individuals all around
the world. But, people are substituting interactions via technology for
real-life interaction and this leads to many problems. Social media use is now being linked to an increase in
marital strife, adultery, and divorce. Smartphones and online media have been shown to have a
significant impact on the frequency of divorce in recent studies. The
fundamental difficulties that couples have faced for years remain the same, but
with the widespread use of cellphones, and online media, these concerns
have been compounded and amplified on a massive scale. When couples spend too
much time checking their social media accounts, reading their emails, or
binge-watching series on Netflix instead of talking to one another or spending
quality time together in a way that demands communication, they get distracted
from one another.
Technology
Used As Evidence
Today's technology
opens up an increasing number of possibilities for gathering information for
use in court. It is not unusual for an attorney to offer evidence from their
client's spouse's Facebook page to demonstrate that the spouse was unfaithful
or untruthful about their version of events. According to estimates, one-third of all divorce procedures use the word "Facebook"
at some time. Because Facebook makes it so simple to connect with individuals
from previous relationships, school, and others, it is frequently the initiator
of affairs that might ruin a marriage.
This brings us to
the Information Technology Act of 2000. In the case of alleged adultery by a
wife, for example, the husband would present proof of the same through emails,
Whatsapp, and other social media interactions she has exchanged with her
boyfriend. The main issue here is how the husband would obtain this
information. If the husband hacks into his wife's email accounts or
unauthorisedly accesses her text messages, he is required by the Information
Technology Act to compensate his wife for the alleged unauthorized access and
is subject to criminal prosecution for hacking.
In the landmark
case of Vinod Kaushik v. Madhvika Joshi, the idea of right to privacy was read into the basic
right to life under Article 21 of the Constitution, wherein the concept of
right to privacy was also incorporated in the marriage relationship. Even in a
marital relationship, a spouse has a right to privacy, and if the other spouse
unauthorisedly accesses text messages, WhatsApp messages, and emails to show the basis for divorce, the erring spouse is responsible under the Information
Technology Act. This party, who is submitting such evidence in a Family Court,
has not come to the court with clean hands, which limits or adversely affects
the remedies open to him.
In the case of Anurima @ Abha Mehta v. Sunil Mehta, it was held that the production of tapes having a conversation of wife recorded without her knowledge was held to be not admissible and constituted an infringement of her right to privacy under Article 19 and 21 of the constitution. The court observed that penalty can be imposed under Sec.72 of the IT Act.
If a party owns a
computer device jointly, each party has an equal right to own, use, and access
the computer equipment. Data may be retrieved from hard discs in such a
situation. Forensic analysis can even recover erased data. Data collected from
hard drives may be utilized in divorce proceedings in accordance with proper
procedures according to IT Act 2000.
Dating Apps
Tinder, Bumble,
and other dating apps are additional possible sources of evidence that might
influence the outcome of a divorce case. In certain jurisdictions and nations,
simply having access to these sites and applications may be grounds for
divorce. A court in Aix-en-Provence, France, has decided that flirting on
online dating sites is grounds for divorce, regardless of whether the spouse
had any “physical contact” with any online suitors. Almost any internet site
may be used to obtain information. Because of the development of technology and
its significance in relationships, cyber laws now play a significant part in
divorce procedures.
GPS
Global Positioning
System (GPS) device data is one way that divorce attorneys are now catching on
to in order to obtain information for use in divorce disputes. GPS technology
is used in a variety of technologies, some of which may surprise us.
Conclusion
The internet is a
fantastic resource. but, even though it has reduced the planet and brought us
closer together, it has also threatened to push us away. Making technology
serve us well, like any effective instrument, necessitates the application of
sound judgment. People need to be aware of the effects that technology can have
on relationships and the ways in which digital evidence could be collected.
Keeping these factors in mind
will enable us in adopting technology to improve our lives while safeguarding
our relationships and interests.
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