Hi i have audio recording,in which my wife while talking to her friend,accepts to having relationship with different men. The recording was done using a device,kept in the car. The issue is,the recording was done,when she was talking to her friend on phone,and there is onlt one voice which is heard and there is silence for sometime.. I took the data to a Lab,where they feel,that the data could be altered,as there is long silence,(i explained to them(the lab)but they refused to authenticate it,but they said,the voice of the female heard in the recording is in the same tone and depth and there is no alteration done there. Can i use the voice recording against her. I have already filed for divorce,and i feel my Advocate is dragging his feet and the case...I have completed counselling session, Her advocate is giving petition asking for child custody and maintaince,and my Advocate is not even filing counter petition. I am a bit worried,can you please guide me!!Thanks.
Hello,
I would not advise you to use this as a piece of evidence without a certificate under evidence act from an expert.
Also, of the petition for custody and maintenance has been filed then it is incumbent upon you to file a reply at the earliest and not counter petition.
Take advise from another lawyer if you think that your lawyer is not representing you in the best way.
Regards
Hi,
You may use the device to prove your allegations against her. Ask your advocate to submit counter reply of all the cases/application of child custody and maintenance. Do better liaison and act for protecting your best interest.
1) you cannot use audio recording wherein wife is talking to her friend as proof of adultery . It would be infringement of her privacy
2) if wife has sought child custody and maintenance yourlawyer should file detailed reply
3) wife guilty of adultery is not entitled to maintenance
Audio recordings are corroborative evidence which can be used along with other evidences. In the case of visual evidences it depends on what it is depicting. The call records of odd hours, hotel bills and others can be useful. It depends on how these evidences are used and supported with arguments at different stages of the litigation.
Dear,
Don't produce this in court without proper certificate.
If you have another proof of adultery of your wife ask your lawyer to
produce in court with counter reply.
The burden of proof of the audio recording lies squarely on you. You have to prove that the voice recorded is that of your wife,with scientific evidence, to the satisfaction of the court . In any case, you have to take your case to its logical conclusion only through your lawyer.
This recording is not acceptable in the court and if you produce this recording in the code it is always constable and you may face problem due to this you need to find out some more reasons to go to the court for divorce.
Yes the vioce recording can be used in a divorce case on ground of adultery further change advocate if he is not responding and properly contesting case.
1. Having relationship with some one or a few before marriage is not a crime or ground for which divorce decree can be sought. Even it is no longer considered as a crime as per section 497 of IPC as per latest judgement passed by the Supreme court.
2. If you have irrefutable evidence that she have had physical as well as romantic relationship witha third party, you can file the divore petition considering her said act as part of cruelty.
3. You might consider changing your Advocate if you have lost trust on him.
What guidance you seek?
If you are not comfortable with your advocate you may change the advocate instead of continuing with him in an embarrassing situation.
The audio recording may be produced provided you follow the procedures laid down in section 65B of Indian evidence act.
Hello
Adultery is a ground for divorce and hence the recording must be files along with the reply.there should be no delay in this. You have not altered your wife's voice and hence you have not done anything wrong. The evidence could be rejected but there is no use sitting over it.
Regards
