Mount Lavinia District Court has issued an Enjoining Order preventing the wife from accessing her husband’s computer until July 20.
Accordingly, Mount Lavinia Additional District Judge Ms D. M. Kodituwakku issued an order preventing the wife from collecting data, documents, text messages or any other information stored on her husband’s computer using any other surveillance devices.
In this case, a husband, medical practitioner by profession had filed a lawsuit before the Mount Lavinia District Court alleging that his wife, a doctor attached to a government hospital in Colombo had unlawfully and wrongfully accessed his personal computer while he was not at home.
The husband claimed that his wife had downloaded various information and recorded telephone conversations by installing an audio surveillance device in his room whilst a divorce case between the two was pending before the same Court.
The husband claimed that the Defendant wife intentionally intercepted and used his electronic communications without his permission or consent. Plaintiff claims that without his permission or consent, an attempt was made to access Plaintiff’s electronic communications on the WhatsApp service using Plaintiff’s computer.
Plaintiff alleged that by entering the room while it was closed and by entering the computer which was turned off Plaintiff’s reasonable expectation of privacy was violated and there was a breach of confidence.
Plaintiff further alleged that the conduct of the wife in accessing his computer unlawfully and the collection of information, as well as the affixing of an electronic surveillance device are offences come under Sections 3 and 4 of the Computer Crime Act No. 24 of 2007.
