LNP – Court issues Enjoining Order preventing wife from accessing husband’s computer

The Mount Lavinia District Court has issued an Enjoining 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.

This Enjoining Order will be effective until July 20. A husband had filed a Plaint before the Mount Lavinia District Court alleging that his wife 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 has pleaded that whilst he was a doctor attached to a government hospital in Colombo, the wife worked as a Consultant attached to a Government hospital in the Northern Province.

The husband alleged his electronic communications were intentionally intercepted by the Defendant wife without his permission or consent. The plaintiff alleges that an attempt was made to use the plaintiff’s computer to access the plaintiff’s electronic communication on WhatsApp service without the plaintiff’s permission or consent. The plaintiff further alleged that by entering the room while it was closed and by entering the computer which was turned off the plaintiff’s reasonable expectation of privacy was violated and there was a breach of confidence. The plaintiff stated that his estranged wife has acted in such a manner to cause harm to the plaintiff. The Plaintiff further alleged that the conduct of the wife in accessing his computer unlawfully and without any authorization and the collection of information, as well as the affixing of an electronic surveillance device were offences inter alia under Sections 3 and 4 of the Computer Crimes Act No. 24 of 2007 which carries serious penalties if convicted.
After considering the contents of the Plaint and the Affidavits filed on behalf of the Plaintiff, Mount Lavinia Additional District Judge Ms D. M. Kodithuwakku on 6th July 2021 issued an Enjoining Order preventing Defendant from collecting data or documents or text messages or any other information stored on the plaintiff’s computer using any other surveillance devices. The defendant was furth enjoined from using the data or documents or text messages and using the audio, video, or any other information or disseminating or sharing the said information to any other third party, including hen lawyers or communicating with any third parties with whom the Plaintiff has communicated with. A further Enjoining Order restraining Defendant affixing any electronic surveillance equipment or software or devices in the Plaintiff’s house or any other immovable or movable property of the plaintiff was issued by Court.

Counsel Thishya Weragoda, with Pulasthi Rupasinha and Sanjaya Marambe under the instructions of counsel Thamila Dinushi Perera appeared for the Plaintiff.