• Cyber crime complaint to retrieve cell phone recording

I am looking at a possible divorce suit with my husband (married under Hindu Religion), owing to his indiscretions with an unmarried girl.
I dont have enough proof to confirm his adultery.

1. Is it possible for me to give a complaint to the local Cyber Crime Police and request them for the FULL CONVERSATION between my husband and that girl? Because if i show just call timings they may be argue that they were talking about official issues (same office)

2. Can i request the call recording even if the numbers are registered under his name, as his wife?

3. How long are these phone conversation recordings stored by cell phone companies.. can the Cyber Crime Police retrieve such conversation from even 6 months before?

4. i have recorded a conversation between them which was on speaker for a few mins using my cell phone. Is it illegal to show this cell phone conversation in court because i was not in the call?

5. Will family court accept such cell phone recordings as evidence for adultery

Thank you,
Asked 2 years ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
Cyber Crime Police  not accept your complaint because it is not come under Cyber Crime offence, you have to file adultery in magistrate court,  use the recorded conversation as evidence in magistrate  court not in family court .
K. Mohan Kumar
Advocate, Chennai
10 Answers
8 Consultations
3.8 on 5.0
1. Cyber Crime Cell does not have any power to call for records of the conversations between your husband and this girl as the indiscretion of your husband does not fall within the realm of 'cyber crime'. It is only a court of law which can order the service provider to submit the call records. However, it will be profitable for you to know that service providers do not retain the contents of a telephonic conversation unless specifically ordered to do so on a binding obligation of law. 

2. Yes.

3. Service providers retain records e.g. called numbers and duration etc for a period of six months only.

4. It is not illegal to submit the recorded conversation in a court of law if the conversation, so recorded, manifests the violation of law, albeit you have to submit it within the parameters set by law. 

5. The family court can jolly well accept such a recording as evidence of adultery as a telephonic recording is a valid evidence as per the Information Technology Act. However, a lot hinges on how your submit it in the court.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
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The court can order service provider to submit the records if they are still retained by Airtel. As told to you earlier, 6 months is the time period.
Ashish Davessar
Advocate, Jaipur
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450 Consultations
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Actual conversation, as I mentioned, is not recorded, and hence does not form a part of the record unless ordered beforehand by a binding legal obligation. So only the date and time will be available in your case.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
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Welcome.
Ashish Davessar
Advocate, Jaipur
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450 Consultations
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it is very difficult to prove adultary,they are not going to take out Call details for you,if he also interested in divorce then go for divorce by mutual consent which will be over in 6 months if you are living seperately for last one year,
contesting divorce is time consuming game which involve lot of time and money also,
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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1)you want divorce on grounds of adultery . you dont have sufficient evidence to prove adultery . in such a case ideal solution would be to hire a detective agency to gather evidence of adultery . 

2) agree with MR  Devasar that cyber crime  cell  dosent power to call for records of your husband conversation with the girl as your husband affair  dosent  fall within definition of cyber crime . only court can direct service provider to furnish call records details .
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
whether your husband and that lady had checked to in some hotel together and shared any room ? 

any intimate photographs of them together ?

The charge of adultery requires strict proof. While the courts acknowledge that adultery by its very nature is generally a secret act where direct evidence is almost impossible.  "It is unreasonable to expect direct evidence regarding such an act like adultery. It will be almost always committed behind closed doors and without witnesses. So, circumstantial evidence is all that can be normally forthcoming regarding adultery. The circumstantial evidence thus produced must however be convincing to the court which should be left in no reasonable doubt regarding the fact of adultery." The Orissa High Court endorses this view of the Madras High Court by stating "To prove factum of adultery direct evidence is not necessary, it can be proved by oral documentary of circumstantial evidence from which the Court can draw inference beyond reasonable doubt that the opposite party had adulterous relationship with the third person."
Ajay Sethi
Advocate, Mumbai
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The information (its not evidence) you are having is not enough to prove adultery.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
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Your lawyer is right on mark. Such bills and message logs will be blown to smithereens by him in court. Nothing short of some intimate photographs will suffice.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
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did they share same room in hotel ? what does hotel register reveal ? if they stayed in separate rooms you have no case .
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
it is very difficult to prove adultary,tif he also interested in divorce then go for divorce by mutual consent which will be over in 6 months if you are living seperately for last one year,contesting divorce is time consuming game which involve lot of time and money also,
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
since you dont have evidence that girl shared his room there is no evidence to prove adultery . 

law requires strict proof . it is an offence if married man has an affair with an un married girl . but you need to prove commission of offence .
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
Since you do not have any proof of infidelity of your husband it will be futile going to court as the writing is already on the wall- your case will not stand the scrutiny of law. Better go for joint divorce.

It is untrue. It is an offence, but you need proof to nail the offender.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
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thanks for your appreciation . go for divorce by mutual consent . it wont take more than  7 months .
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
my pleasue
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0

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