vaibhav71188 18 October 2016

Phone call record as an evidence in family court

Helo Experts,

I have filed a divorce case in family court on the grounds of mental cruelty.

As of now, Counselling sessions are ongoing and my wife wants me to give her another chance at our marriage, but i am certain that i want the separation, Also i tried convincing her otherwise but she does not agree.

As an evidence i have a telephonic call record where she is heard saying condescending words about me and my parents.

I also have a video recording where she is qauarrelling and abusing me.

My Question is how do i submit these electronic artifacts in the court as an evidence ?

Is there any special procedure to be followed ?

What is the significance of Digital Signature and other related Information Technology Law in this case ?

Please Help.

Thanks in advance.

Truly, Vaibhav.

Reply Follow

6 Replies

LegalFighter (test) 18 October 2016

Central Government Act Section 14 in The Family Courts Act, 1984

14. Application of Indian Evidence Act, 1872.-A Family Court may receive as evidence any report, statement, documents, information or matter that may, in its opinion, assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the Indian Evidence Act, 1872 (1 of 1872). -A Family Court may receive as evidence any report, statement, documents, information or matter that may, in its opinion, assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the Indian Evidence Act, 1872 (1 of 1872)."

You may submit the evidence in a CD or the original device where the video or audio were made.Indian Evidence Act have no role in famly court.

1 Like

(Guest)

Thanks for sharing this information.

Kumar Doab (FIN) 18 October 2016

Submit it.

The court shall decide.

Kumar Doab (FIN) 18 October 2016

Let your able counsel listen to the said evidence and advise you further.

lucky12321 (Job) 27 October 2016

How long the call detail records (CDRs) are stored by private mobile operators in India?

Kumar Doab (FIN) 28 October 2016

You may go thru following publication:

In India, the government has established a regime of data retention. Retention requirements for service providers are found in the ISP and UASL licenses, which are grounded in the Indian Telegraph Act, 1885.

ISP License

According to the ISP License,[7] there are eight categories of records that service providers are required to retain for security purposes that pertain to customer information or transactions. In some cases the license has identified how long records must be maintained, and in other cases the license only states that the records must be made available and provided. This language implies that records will be kept.

UASL License

According to the UASL License[8], there are twelve categories of records that ISP’s are required to retain that pertain to costumer information or transactions for security purposes. In some cases the license has identified how long records must be maintained, and in other cases the license only states that the information must be provided and made available when requested. This language implies that records will be kept.

https://cis-india.org/internet-governance/blog/data-retention-in-india