• About call data records

Sir! My wife often threatens me that I am having illegal contact àwith a widow in other village. She threatens me that she will go to police and track my call data records. My question is that does police have power to retrieve my call data records. My last last call number is in the name of my friend and he is male. She noted that number on a paper and threatening meme that she will be going to arrest me by police with the cause of adultery. I request you to give a solution Sir.
Thanking you
Asked 7 years ago in Family Law
Religion: Christian

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6 Answers

1.If any crime is committeP then Police can get the call details.'

2. Howeevr in adultery cases like yours the police will not get those call details for sure.

3.The police will not arrest you for calling a widow,

4.However if you are getting into an affair with her then you being a married man better distance yourself from the widow to save your marriage.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

1. call detail cannot be collected by the investigation officer without order of the magistrate.

2. unless and until she files a FIR or complaint call details cannot be remanded from the operator.

3. for the remand of call detail she has to prove that prima facie evidence is available to prove that you are having illegal or extra marital affair with a woman.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Firstly be aware that a wife cannot lodge a criminal complaint agaisnt her husband for the offences of adultery.

There is no provision in law to state that the husband's extra marital affairs with an unmarried woman or a widow is illegal or an act of adultery.

Hence even if she is threatening to go to police, ask her to proceed because the police may not entertain any such complaint from the wife against her husband for adultery.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

1) wife cannot file case of adultery against her husband under section 4987 of IPC

2) only husband can file case of adultery against wife if she has an extra marital affair with another man without his consent

3) police has powers to retrieve your call records

4) file case of divorce on grounds of cruelty

5) wife making false allegations that husband has an affair with widow amounts to cruelty and is ground for divorce

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Dear Concerned,

No the police will not retrieve your call records on complaint of Adultery by your wife. Maximum she can file Divorce on the basis of what ever she have but if she does not have any written messages etc - she will not be able to prove any thing , hence not to worry......

Best of luck

Atulay Nehra
Advocate, Noida
1311 Answers
58 Consultations

Dear Querist

for the offence of adultery only the husband of the lady has right to file case U/s 497 of IPC against the person who is in the illegal sexual relationship with his wife, in your case, the lady is widow hence there is no question of filing any criminal case against you for the offence of adultery. Police has no role in this regards and without any criminal case registered against you the police have no power to track you call details or call data.

Based on the false allegation and threaten by your wife you may file a divorce petition based on cruelty U/s 13(1)(ia) of Hindu Marriage Act-1955.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

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