• Audio recording of non-denial of abuse

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?
Asked 4 years ago in Family Law
Religion: Hindu

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10 Answers

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 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

“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.  

Ravi Shinde
Advocate, Hyderabad
5126 Answers
42 Consultations

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. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1) Audio recordings are admissible in evidence 

 

2) she can file DV case against st you and seek protection order against you 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

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…

  1. You have admitted without any prompting that you bet her and wrung her.
  2. You have pushed and have the daring admit that you pushed her. Mark the adverb “too,” it means in addition to beating and wringing her neck you have also pushed her.  "Now i have pushed you too” is declaration made immediately after performing the act of pushing her.
    This will be the analysis of any average intelligent Advocate and which is plausible and quite convincing.    

 

Ravi Shinde
Advocate, Hyderabad
5126 Answers
42 Consultations

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.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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:

  1. The voice of the person, against whom such recording is being produced as evidence, must be duly identified by the person who is producing such recording as evidence.
  2. The accuracy of the tape recorded statement has to be proved by the maker of the record by satisfactory evidence, either direct or circumstantial.
  3. Every possibility of tampering with either whole or any part of the tape-recorded statement must be ruled out; otherwise, it may render the said statement out of context and, therefore,
  4. The statement must be relevant according to the rules of the Indian Evidence Act.
  5. The recorded cassette must be carefully sealed and kept in safe or official custody.
  6. The voice of the person should be clearly audible and not lost or distorted by other sounds or disturbances.

Cruelty has wide meaning in the context of evidence. So contest the case .

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear sir,

Kindly collect all the evidences you have supporting your case like any other witness to the incident or any cctv recordings which prove that you're not involved in any kind of physical contact with the wife.

Thank you

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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