Audio recording are admissible in evidence
2) it has to be proved that voice is that of your wife and recording not been manipulated or tampered with
Hi sir , I have already posted my query 6 months back on my wide cruelty...that time the lawyer from kaanoon asked to collect evidences...Now I collected audio recordings of my wife conversation with her mother and sister.. my wife and her mother and her sister abusing me in phone ...and also my wife abusing me also recorded.. is this is audio recordings are valid to produce in court for divorce..plz suggest me..
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Audio recording are admissible in evidence
2) it has to be proved that voice is that of your wife and recording not been manipulated or tampered with
No. But this may help you to confront while in evidence. Audio recording can be used provided it is authenticated and matched with the voice of your wife
Do not bank upon audio tape alone as submitting audio recoridng is very dififcult and cumbersome
There is not much worry about the 498A case as if the case is false it fail .The burden of proof lies solely on prosecution which is very high in degree of standard.
So if you defend properly then there is nothing much to get scared of.
Respected sir ...
You have trusted on kaanoon.com the lawyers available here will never suggest you wrong ...Sir you can produce that C.D of all recording along with certificate of 65-B under evidence act that will be valid and it will help you throughout the case ...
Thanku
Please note telephonic conversation are admissible but again it will be lengthy procedure to prove its their voice by appointment of commissioner...
Yes,you can produce these evidences in court. You may reproduce the entire transcript before the court.
File a divorce on the ground of mental cruelty.
Friend
In recent cases, various courts have given their approval to voice recording as an admissible evidence. Court have given their assent on admissibility as an evidence to conversations recorded on phone using a call recording app or a sound recording app provided certain conditions are fulfilled.
GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
Yes these recordings are enough and try to collect more witnesses as well. You can file the divorce petition on the ground of mental cruelty.
Dear Querist
Yes, the audio recordings are very much admissible in the court of law as an evidence as per section 65B of Indian Evidence Act-1872.
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Hi
Yes these can be presented in the court as evidences. Get the audio recordings in the written form , means write down the things those are said in the audios word to word.
Thank You
It is not advisable to apply for divorce by having digital records like., mobile call recordings.
Think of mutual consent divorce.
Discuss with any lawyer on the forum on your issues.
I understand your frustration. I am a lawyer based bangalore. You can discuss with me through kaanoon.com to understand your problems and provide best possible solution.
The audio recordings if not produced as per the provisions of section 65B of Indian evidence act cannot be taken as admissible evidence in court of law.
Sir as per your advice from kanoon.com, I filed divorce petition through court from a banga. The papers are not still received by my wife. But my parents are now forcing me to go for talaq through hazi from mosque..my parents said we will call both the parties to mosque and we sit for discussion in front of Hazee of Mosque. And they are saying we go as per Muslim law( Indian Muslim law board).. Now iam totally confused, because I already filled divorce petition through lawyer..can I proceed parallally both..please reply
The question is about the divorce case in the court and the divorce process as per Shariat law.
You can take the Shariat route of pronouncing Triple talaq at three different times observing iddat and the decision may be communicated to her by registered post with a witness attesting your decision to give her talaq.
Once you followed the talaq by procedure as provided by the provisions of Shariat law, it will be considered that your marriage with her is dissolved which cannot be challenged by her in any court.
After that you can withdraw the divorce petition pending before court by producing the talaqnama obtained from the Masjid form where you pronounced the triple talaq as per Shariat laws.
1) You have to with draw existing divorce petition if you want to divorce your wife as per Muslim personal law
2) Divorce should be preceded by attempts at reconciliation
3) If reconcilation fails then divorce your wife . Reasons should be mentioned for divorce
4) pay her Meher amount and maintenance during iddath period
No you must withdraw the divorce to tart the divorce process as per the personal laws. It is not advised to start two process for same prayer.
Also after obtaining talaw you can file a suit for declaration in the civil court.
Regards