• Can voice or call recording and call details be used in divorce

Dear Sir

I have filed a case of 498a and domestic violence. I have call and voice recordings of my husband that he has not touched me even once after marriage because he didn't wanted to touch me and he needed time. He has also admitted in the phone call with my father that he has not touched me at his own will.

Can we give these call and voice recordings as a proof in the court in support of the case are these accepted with the original petitions and what is the procedure for doing the same. Somebody told me that in call recording the dates can be changed and are ascertain and hence are not authenticated proof. Is it true that call recording dates are changeable?

I also want to know that can I ask court or police to obtain the call details from private service provider of my husband to prove that he use to call my parents.

And can he leave India in any case, after I have registered FIR against him.
Asked 7 years ago in Family Law
Religion: Hindu

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11 Answers

1) audio recordings are admissible in evidence

2) you should prepare transcripts of conversation and enclose them to your DV complaint

3) it has to be proved that audio recordings have not been tampered with and voice is that of your husband

4)?your parents can be your witness in 498A and DV case

5) they can depose as to conversation they had with your husband

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

Dear.........

If the F.I.R is register in the court of law..then he cant leave the country .........you must be file written submition in the court ..regarding your........facts.........

Regards

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

1. Call and voice recordings are very difficult to get admitted.

2 Hence do not rely on it and give evidence of witnesses like your parents who know the truth and actual events as they are very much competent witnesses in court.

4. If you file 498A case agaisnt him then the court at the time of granting bail may restrain him from leaving the country but that is allowed in rare occasions.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1. Call recordings can surely be led in evidence to prove/disprove a fact in issue.

2. The details of incoming and outgoing calls can be ordered to be produced by the court. You will have to seek specific directions in this regard to the service provided.

3. He will be at liberty to move out of India if the court does not impose any embargo on his right to leave India.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) you should have relied upon call recordings in your 498A case

2) you can rely upon them in your DV case

3) if details are not mentioned in 498A case but only mention ed in DV case it does create doubt in mind about genuine ness of the allegations made in DV case

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

file quash petition in high court

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

The voice or call recordings are not considered as primary evidence before court.

Your pleadings that the marriage was not consummated itself would be sufficient evidence to prove your case.

Besides, you may even list your father as a witness to the incidence since your husband has spoken to him over phone admitting the issue.

He cannot be stopped from travelling abroad if there is no order from court restricting him from doing so.

You may file a petition in the pending criminal case that he is likely to travel abroad hence his bail may be cancelled and he may be restricted to travel abroad during the pendency of criminal case against him.

T Kalaiselvan
Advocate, Vellore
85421 Answers
2239 Consultations

5.0 on 5.0

The fir was fiied through court in 156 (3) in 498 a and 406 he complied in 41 and challan has been submitted by by police in the court

the cd as stated above was was not mentioned in petition in 498a now we want to submit while filing the petitions of domestic voilence and in 125 can we do this now.we have also prescripion slips and bills of medicines as they push her and she fell down. in 498a petition it has been mentioned that she 'Gir' gayi but kahn giri yeh nahi likha hai now while submitting petition of domestic voilence can we mention the factual position that unhone 'Giraya'

The domestic violence case and 498a cases are different to each other.

In the 498a case, which is also a private complaint you can tll all those things, but the DV case which is purely private, during prosecution you can express ll those acts of violence that had been unleashed on you.

The case under 125 cr.p.c. is for seeking maintenance and not for venting out your grievances.

The relief under different provisions of law are different and you dont get confused by mixing them up together.

T Kalaiselvan
Advocate, Vellore
85421 Answers
2239 Consultations

5.0 on 5.0

1. Audio recording through telephone is considered as digital evidence and is treated as valid evidence by indian courts.

2. Such digital evidence, if edited, can be detected by forensic experts.

3. Submit the said digital evidence before the Court if you find it relevant for your 498A case.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. The said CD evidencing his admission that he has not touched you is not connected to your 498A complaint for which you bare not required to mention about the said admission of your husband in the said 498A case filed by you.

2. You can very well submit the said evidence in the DV case to be filed by you now against your husband.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

You can file the CD with your DV case or even lead it evidence even if it was not mentioned in 498A.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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