Audio and video recordings are admissible in evidence
2) notary agreement is admissible in evidence
3)continue with your divorce case
Divorce case - should I stop or not
our married about 10 years. I have One 9 years girls. I suspect my wife that has illicit reelection ship with others. So for confirmation of that I install a webcam from my computer and a IP camera. I capture that 3 person has the illicit relationship. Video capture by that person kissing and laid down and after that light off. after few minute light on. then see that person giving her some money. After that I ask her what is that . she confess the reality and make a agreement to the notary paper. where her brother sign the reality.
during this time I go my home left my job. again, I come back to the same job 2-month later take care of daughter. after that when completed my daughter exam she went to the thana and forcefully sent my wife to the my rented house. I try to left my job and go to my village but wife forcefully stay here and not agree to go my village. she complains to the Thana again. I want to go my village with wife but wife denied.
in the main time I have conversation with my elder sister by phone. and the all call are recorded in the phone automatically. One day when I sleep my wife transfer phone call to her WhatsApp no and sent to her brother etc.
I already file a divorce. But the conversation with my sister is { 1. You feed medicine of allergy that she can slip and she unable to quarreled with you at night. I replied that now all medicine shop are closed.
2. you come to my home and go another place that anybody cannot find you and I shall be alleged your wife that you will be responsible for my brother missing.}
now I am confused that I go ahead to divorce case they will be case 498. and conspiracy or any other case. And our family will suffer for that. So I bound to withdrawal the divorce case.
1.Now I am confuse that whether I should go ahead for divorce or not .? I may be accused or suffer with conspiracy act or 498
2. Audio (phone call record) or video evidence whether acceptable or not. Can it become against privacy act or not?
3. Notary agreement where confession the reality is it acceptable or not.
4. She theft my voce data when I was in slip, is it legal?
5. Should I stop the case ?Asked 6 years ago in Family Law
Religion: Hindu
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14 Answers
1. You will have to decide whether to remain enslaved to her threat or to get rid of her. If you wish to get separated then you can start staying separate without filing a divorce suit but then also she can file 498A case. Electronic evidence is admissible under certain circumstances.
2. The agreement is admissible in court if the signature.
3. No, case of theft can be lodged.
4. Continue with the case.
We stay now both same roof forcefully by police . Has any problem getting divorce.? I only fear of any conspiracy act that may be alleged me and my sister.
Asked 6 years ago
You can file for divorce even when you staying in same house
Do not worry for the phone call conversation. These are only discussion and it was not put into action or nor even made any pre planning course of action to give any effect of such thoughts into action in reality.
So if you feel divorce is necessary then you can go ahead with the same.
1. See you can go ahead with the divorce as you have strong ground of adultery against your wife, if she presents such voice recording before court same has to be contested.
2. It can be admitted in the court.
3. See court can accept same but it will not be treated as confession as such.
4. You can file a complaint for same for misusing the date but in your case also you installed web cam and IP so she can also such steps.
5. No you can ahead with case further best would be if you both go for a mutual divorce.
1. See it can be alleged against you though try to convince your wife for mutual divorce that would be best.
audio and video clips are very much admissible as per section 65B of Indian evidence act .These are relevant under Electronic Evidence a certificate has to be placed on record by you stating that the audio /video clips you presenting are true and best of your knowledge, notary agreement is Admissible,
You can go ahead with the divorce. You don't have to get blackmailed by her. Let her file false Complaints you will ultimately win the same
1. You have to take the call on whether to file the petition for dissolution of marriage or not.
2. 498A can be filed by wife at anytime. If and when it is filed you should apply for anticipatory bail.
3. Audio and Video recordings, if preserved in accordance with law, are surely admissible in evidence.
4. Notarised agreement has no force of law.
5. Don't 'stop' your case.
6. The conversation you had with your sister can go against you.
1. proceed with the divorce, call conversations are just discussion and you didn't take any further step to implement them, so NO OFFENCE.
2. audio and video recordings are admissible as evidence in Courts
3. acceptable
4. illegal, you can make a police complaint against her
5. Don't stop, go ahead
no problem in filing/moving with divorce while staying under one roof.
call conversations are just discussion and you didn't take any further step to implement them, so NO OFFENCE.
1. Your proposal to file a divorce case is on the grounds and reasons that you relied upon and not because of the fear of she filing 498a case. Whether or not, if she decides to lodge 498a case, you cannot stop her from doing it hence dont withdraw the divorce case at this stage.
2. Audio or video calls are not admissible as primary evidence until the procedures laid down in section 65B of Indian evidence act has been followed scrupulously.
3. No, she can withdraw stating that it was obtained by force on her.
4. no comments.
5. dont stop the case, go ahead with the divorce case.
You can continue the divorce case even while staying under same roof.
If she is planning any criminal case she can do it from anywhere hence dont worry about it, if it comes, you can face it as per law.
Dear Sir,
Nothing to worry, go ahead with divorce case, nothing will happen, she has to prove that, just go on denying the facts.
