I got married in 2018, we lived happily for 6 months, During aashadamasam time my wife went to her parents house for one month, during that time we had certain small arguments over phone regarding registration of land that they promised before marriage and without my knowledge she recorded the entire conversation. Lateron there is one more heated argument over phone wherein I have used some bad language against her and her parents(phone call recorded). Exchange of abuses have happened btwn both the parties during this time(I had no phone call record of this). But she recorded these two conversations happened over phone. Later she didn’t return back to my house despite several requests made from our side and its been two years. At the end of the year, she filed a 498a(dowry demand, physical harassment) case against me and my family members. I was pressurised by police/system in multiple ways to go for Mutual consent divorce which I didn’t do. The charge sheet was filed with just witness statements(Audio recordings not attached as evidence in exhibits) and the case is presently in court and we are yet to receive summons. Now they are planning to go for contested divorce under cruelty and desertion grounds and want to use above two conversations as evidence in CD’s. We lived happily for 6 months and I have 100’s of pictures to prove this. I Want to save this marriage(We were really happy for those six months, she is a good woman, she is working for a good software firm, now she is earning more than me, she supported me financially by giving some of her salary when she lived with me), My life will be ruined socially if this marriage fails. But what I understood from their actions is that she want separation from me now as she is under some influence of other elements. Here are my questions 1. To what extent the CD’s(phonecall recordings) considered/admitted as evidence in divorce proceedings as she has nothing to prove against me except this two arguments(phonecall recordings) and most of the things mentioned in FIR, chargesheet statements are vague and factless and baseless lies? 2. To what extent pics are used in my defence to prove that she was not subjected to cruelty and was happy with me for the 6 months she lived with me? 3. She has account statements transferring money to my account everymonth, how can I prove that it is not dowry demand and just an understanding between us to share household expenses and for clearing some debts.? Does this come under cruelty ground..?? 4. We have not demanded any dowry before or after marriage but cash was exchanged between both parties as for gifts, for purchase of marriage apparel/gold/misc items etc. 5. I want to delay the divorce so that I can buy some time for reconciliation/Change of her mind, How can I do it through court ?
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Audio recordings are admissible in evidence
2) you can rely upon pics to prove she was happy in marriage
3) you can take plea that money was transferred in your account for household expenses
4) contested divorce proceedings take over 5 years to be disposed of
So far as voice recording is concerned, legally it is useless for her, as she might have also said something against you and if she did recording means, it preplanned trap for you. She did not use it in 498A because her Advocate might have advised her against using that as the same is not going in her favor. You can try on personal level to get her back, she is you wife for six months you know how to do it. The transfer into your account is not payment of dowry as she cannot prove that you made demand for that. In all families there will be some happy moments pics taken during that moment cannot disprove cruelty. If you want to delay the proceeding, you can pull it for three years. Instruct your lawyer he will do that.
1. As per Section 65A of the Indian Evidence Act, 1872 , The contents of electronic records may be proved in accordance with the provisions of section 65B.
- Further, Audio recordings are admissible as evidence, if they appear to be trustworthy, genuine and have been corroborated by other evidence.
- Hence , mere allegation is not enough to prove the case , she will have to prove the said call recording through presenting other witnesses as well.
2. Yes, you can prove those photographs on your behalf
3. No, it not come under cruelty ,
4. Exchange of gift not considered as dowry demand.
5. You can pray to the court for mediation .
Dear Sir,
1) Audio recordings can be used as evidence in divorce proceedings, but as you mentioned that both parties used bad language, it may be the reason your wife did not place it as evidence, as the same will harm her case of proving cruelty against her.
2) You can use pics as evidence to prove happy marriage, but court will take into consideration supplementary evidence, as pic itself are not enough.
3) You can just state it was a mutual agreement between you two, its not cruelty to share household expense.
4) Exchanging customary gifts is not usually considered dowry.
5) Ask court for mediation and counseling, or your lawyer to delay proceeding to get you time to talk and work out a solution.
Thank you
1. The phone audio call recordings are not admissible as primary evidence in court of law, hence the reliance on such evidences may not be entertained by court.
2. You can produce the photographs to defend your interest, it is upto the court to decide based on the merits in yor side
3. Transferring money every month to your account cannot be considered as dowry demand because it appears to be routine issue, hence you can defend your interests accordingly.
4. They do not constitute dowry demands.
5. Let she first file the divorce case, after which you can consult with your advocate and drag on the issue to the extent possible.
1. You need to get it exhibited by producing 65 b certificate under evidence Act.
2. It's a good evidence
3. You cam easily prove it with evidence
4. It's not dowry then
5. By making frivolous application against them
