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498_Husband (IT Consultant)     04 March 2013

Audio proof in 498

Dear Experts,

My wife has filed wrong 498 case against me & my family in Mar 2012. my family received an anticipattery bail just after filing.

498 Court process started and 2 dates already gone.

My bail rejected in lower court because I am outside the country at this time. we are planning to go to High court now.

I have few audio conversation between my lowyer & wife's father, My lowyer & his lowyer, and my borther & her father.

Her father clearly mentioned that they filed the wrong case, they filed this case because they need divorce and lowyers suggested that Divorce will be delayed if they won't file the 498.

My ques. is how authentic and important the audio conversation is and can we use it during the bail request and after that.

Also, on this basis, can we do anything else because the wrong information given for legal processes by them.

I also have other written documents of Email, Facebook etc. how much value they add?

Please suggest.

Regards,

Anshu



Learning

 12 Replies

ashoksrivastava (scientist)     04 March 2013

Hi audioproof is valid if you can prove that it can't be tampered with "Admissibility of contemporaneous tape-record A contemporaneous tape-record is admissible under section 8 if (i) the conversation is relevant to the matters in issue; (ii) there is identification of the voice; (iii) the accuracy of the tape recorded conversation is proved by eliminating the possibility of erasing the tape record; R.M. Malkani v. State of Maharashtra, AIR 1973 SC 157." emails etc are valid legal document if identity of sender/account is clearly estabilished

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 March 2013

The discussion of client and lawyer is not admissible as per Indian Evidence Act.

 

 

 

Regards,

 

Shonee Kapoor

www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
2 Like

Rajani (Advocate)     05 March 2013

If u can provide these information even though they may or may not be admissible as evidence...further proving the material will be another lengthy process...however what it may help u achieve is cast aspersions on the genuity of the complaint

Rajani (Advocate)     05 March 2013

If u can provide these information even though they may or may not be admissible as evidence...further proving the material will be another lengthy process...however what it may help u achieve is cast aspersions on the genuity of the complaint

Reformist !!! (Other)     05 March 2013

Shonee ji is right. Try fighting AB on merits :)

498_Husband (IT Consultant)     06 March 2013

Thank you all. Things are very limited for 498A accused. All we can do is always defending ourselves even when not wrong. All false cases.. 498A, 13A, 125 put up by them. When I tried to transfer money after disputes, Bank a/c closed and didn’t take any money from me. I didn’t want divorce because of love and had love marriage. But, now false 498, asking 40-50 Lakhs for the mutual settlement, filed Divorce case, Filed 125 also {I am currently deputed to USA for the work) and asking 1 Lakh per month. Received summon through my HR and again had to clarify. I don’t have that much money and other family responsibilities as well, now things have come till my work also. I have always done well for her and also my talks, mails, call details, bills, Bank details prove everything because I have all the conversations, emails, other documents. It’s like frustrating just because system is not following the right thing. But, what best can be done from here? I have read several topics in this forum and lots of people are in trouble. Shouni Ji & All, Is there any way to prove all these false things? Should I go to media and take their help because I have everything to prove whatever mention is wrong. Its harassment and very difficult to follow the things which are not correct..  

Rahul Kapoor (Legal Enthusiast)     06 March 2013

hello,

such commucination is known as professional commucination.

refer to section 126 and 129 of evidence act.

 

regards-

rahul.gogreen@gmail.com

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 March 2013

498a_husband,

 

I can empathize with your situation. Things seem uphill. However, take one problem at a time and you can easily overcome all obstacles.

 

1. w.r.t. bail: When you say all family members got bail? Did you also get bail? If so, why did you not attend the proceedings? If you did not get any bail, you need to check whether there is any NBW against you? If there is, you need to go for recall of NBW and approach HC for stay on arrest, showing your bona-fide that you are willing to come and join the investigation. Though it would also depend upon the practise of the High Court. 498a war can not be fought by sitting in USA. Only the delay game can be played.

 

2. w.r.t. 125: It would depend whether the wife is working or not? Also, she may ask for anything, if you fight right, the maintenance payable would be on Purchase Power Parity. There are few HC judgments w.r.t. the same and you can dig the same in the judgment section of https://forum.498a.org/

 

3. w.r.t. Divorce: You can give PoA to someone to engage a lawyer and file a reply in the same. Don't let it go ex-parte, you would be left hanging with 498a on you for long.

 

When fight is inevitable, fight with all your might.

 

 

 

Regards,
 
Shonee Kapoor
www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
2 Like

Harsh (Manager)     06 March 2013

Experts:

498a and  Divorce:

What should the author fight for in this case? should he OPPOSE the divorce while fighting 498a?

Sooner or later after 498a, parties most likely separate.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 March 2013

There is no copybook formula for the same.

 

 

 

Regards,

 

Shonee Kapoor

www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
1 Like

LAW STUDENT (NILL)     09 March 2013

The Indian Evidence Act,1872

 

39. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers

 

1[39. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.—When any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which forms part of a book, or is contained in part of electronic record or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, electronic record, book or series of letters or papers as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made

1 Like

Manish Udar (www.Mehnat.IN)     10 March 2013

I feel that there is no client-advocate relationship between your lawyer and her father or brother. So these conversations should not fall under the heading of attorney client discussions. As such you can make an attempt to use these recordings as evidence. But when they are clearly saying that they filed the case(s) just to get divorce, then why don't you give them the divorce?

 

+91 98180 28828

www.mehnat.in


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