Audio recordings are admissible in evidence
since you did not deny her allegations your wife may argue you admitted that you hit her and wrung her neck
you have to take plea that no inference can be drawn as there is no admission on your part
My wife left me and later came back with her father to collect all sorts of valuable items. When i objected and stopeed her, she said "you hit me and wrung my neck". She said this when she was pushing me and trying to enter a room. My response was pushing her back and saying "Now i pushed you" Only the pushing is true in this case, but i dint not deny her lies but instead said "Now i pushed you too" Her father recorded an audio of this. My question is, whats my liability due to this?
Audio recordings are admissible in evidence
since you did not deny her allegations your wife may argue you admitted that you hit her and wrung her neck
you have to take plea that no inference can be drawn as there is no admission on your part
“Now I pushed you too,” had to be seen in context. It means that you first pushed me, therefore I pushed, note the “Now” and “too.” Every evidence will be scrutinized by Court in context and not in isolation taking a sentence out the situation. It is only a reaction to provoked action.
In local language kannada, it kind of translates another way. Her - "You had beaten me and wrung my neck also" Me - "Now i have pushed you too. Later, her father also said that i have no right to slap her, and my response was "I dont want to see your face again" Question 1: Her father recorded an audio/Video of both incidents. Whats my liability due to this? Question 2: What are my chances of convincing the judge to not accept their charge of cruelty
The audio recordings are not admissible as primary evidence before court, hence they cannot prove the incidence with the help of such recordings.
If at all they intend to take any legal action through police, and if the police is registering a FIR, you may better get an anticipatory bail and then challenge her case properly in the trial proceedings.
1. instead of talking about your liability, you may just wait and watch the developments, let him file a case with the police, which you can challenge in the trial proceedings by denying the allegations leveled by them in their complaint and get it nullified during cross examination.. For now you may not be worried about it or be anxious about it, just wait patiently and watch the developments.
2. It depends on how you strongly argue your case before court during the final arguments.
You have to deny all the allegations.
1) Audio recordings are admissible in evidence
2) she can file DV case against st you and seek protection order against you
In local language it is going against you.
Her - "You had beaten me and wrung my neck also"
Me - "Now i have pushed you too.
It means two things…
You need to play safe evidence with a good advocate taking cross of your wife.If you need any further assistance then you can approach me through kaanoon or LinkedIn.
In the context of section 14 of the Family Courts Act, empowers a Family Court to receive evidence, if in the opinion of the Family Court, such evidence assists it to deal effectually with a dispute, whether or not the same is otherwise relevant or admissible under the Indian Evidence Act, yet this section does not permit evidence which is inadmissible "as per the Constitution" to be taken on record.
The court will consider the totality of the evidence and not a single piece of evidence. Electronic evidence has a secondary evidential value.
As per the the Judgement of RM Malkani v. State of Maharashtra[4]. In this case, the prosecution case was based solely on the tape recorded conversation, which clearly proved the appellant’s intention to obtain a bribe. Tape recordings are also admissible evidence in court of law.
The situation regarding the admissibility of the tape recordings as evidence was finally made clear by the Supreme Court in the case of Ram Singh v. Colonel Ram Singh. The apex court in this case laid down following principles regarding admissibility of such recordings:
Cruelty has wide meaning in the context of evidence. So contest the case .
- 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.
- However , just speaking is not enough for the offence of violence in the absence of any physical fight.
- You can lodge a complaint against her and her father before the police for interfering the matrimonial like and creating obstacle for passing a peaceful life.