I am Muslim and i have married on dt. 01.01.2017 and i have found my wife has an affair with another and i have got her audio clip(in this audio clip her boyfriend voice not clear) and i hacked her boyfriend facebook massanger account and take screenshot of their conversation (My wife uses her brother name in facebook massanger account) when she was gone to her mother home. So, i have give her one verbal TALAQ. After 4 month she has filled 498a case against me and my family. We have got regular bail. Please tell me audio recording and hacked facebook massanger account conversation with her boyfriend (My wife use the name of her brother in facebook massanger account but it clears that my wife chatting with his boyfriend) if this are admissible as evidence in court? I gave her one VERBAL TALAQ; it will create problem in 498A case or not? and also guide for further in 498A case.
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Audio tape and that too of this poor quality is very difficult to prove in court and better not reply upon this piece of evidence solely.
Giving triple talaq on three different occasions is valid form divorce and has not been declared illegal by the supreme court.
You have the taken the right decision of taking bail in 498A case and now wait for trial which would be culminated in acquittal in all probability.
If evidences are not addmissible then please guide how to prove that we have not asking her for dowry and never give her physical or mentally hurt.
In criminal case the onus of proof of dowry demand is upon them and this degree of proof is pretty high. You need not prove your innocence.
1) apply for and obtain Anticipatory bail from sessions court
2) your one verbal talaq is not valid
3) in your application mention that after wife was having an affair with her lover she has filed false dowry harassment case against you
4) audio recordings between you and your wife are admissible in evidence
Burden of proof is upon prosecution to prove allegations beyond reasonable doubt
2) wife has to prove dowry was given by them at time of marriage
1) Here in your case you need to prove adultery case against her on that ground you will get divorce.
2) Plus you need to prove that all 498a case is false allegations raised against you and your family. Neither you nor your family has ask her for dowry.
3) Try to collect more evidence against her as she was using her brother's account here if her brother accept that he was using account than you can't deny.
1. The digital evidence you have referred may not conclusively prove that it was your wife who was conversing with her paramour.
2. Moreover, simply chatting with another male may not be considered as an offence for which you can give her talaq.
3. Presently, you shall have to contest the 498A case fittingly.
1. She has filed the police complaiunt based on which the FIR u/s498A of IPC has been registered against you.
2. It is she who shall have to prove her allegation as true.
3. You shall have to negate all allegations made in her said complaint. whereever possible with evidence.
See these evidences can be disputed before court as in audio the voice is not clear and further chatting with name of brother account she can deny using same. Further you have divorced her as per personal law and same was not given as per the banned triple talaq so there wont be any problem with same.
In 498a case you can try for quashing before the high court and can seek stay on trial.
See since she has alleged that you have harassed her for dowry the onus is on her to prove same you just need to defend the case.
Hi,
You are suggested not to go for verbal talaq and have the statements of mediator and other concerned persons who may prove that nothing was asked by you in terms of dowry.
The voice recording and the so called hacked Facebook messenger are not admissible in law and cannot be enforced in the court of law.
The talaq is a different subject to that of the pending criminal case, you may challenge the false 498a on merits and documentary evidences if have any
You dont have to prove that you have not asked for dowry, it would be the burden on her to prove her false allegations before court during trial proceedings.
You may challenge the same during the cross examination and can nullify her claim for dowry demand if she is not able to prove the same.
- Admissibility of Audio recording always raised questions about its genuineness .
- Hence, Audio recording (forensic analysis of voice sample) can be used to authenticate the voices in the recording.
- Since, you have audio and some other evidence of Adultery against your wife. It is a good ground for the divorce.
- Better to collect some more evidence in your support , if you want a separation from her.
- You can produce the same proof/evidence before the court under section 498A against your wife in the court and further no need to worry , as you got already regular bail .
- One verbal Talaq is not suficinet in the eye of law, you should send her a notice of divorce after repeating the same thrice with atleast two witnesses.
- However, she will not accept the said Talaq before , the court , as it will weaken her case as well.
- Better to settle the matter of dispute with her amicably.
Proving the allegations under section 498A are difficult.
In order to prove dowry demand she must have evidences such as letters, emails, telephone conversations.
Consult local senior lawyer.
You need to challenge the same in cross examination and bring all the facts on record
Dear Sir,
The Supreme Court in August 2017 declared talaq-e-biddat unconstitutional and not an essential part of Islam. But triple talaq was not banned. It is still legal and valid. The Muslim Women Protection of Rights on Marriage Bill is a follow up by the government of the Supreme Court judgment.
File a divorce case in family court against your on the ground of adultery. The evidences which you are having is sufficient to show in the court.
Dear sir
The evidences of audio recording and facebook chat can be used against your wife but the hacked facebook account screenshot can be used against you in IT act.
