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Discussion > Family Law > Divorce > Recording conversations   Unanswered Threads Post New Topic

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There are 25 Replies to this message


vaishnavipriya


Clerck
[ Scorecard : 48]
PRO CHAT CALL
Posted On 02 June 2012 at 21:42 Report Abuse

 

Is it legal to record personal conversation between husband and wife? Can it be used for getting a divorce? My husband has been recording and videotaping everything that has been happened between us after marriage and now he is forcing me to accept for mutual consent or he will use those as evidence against me for getting divorce. Now he has applied for divorce though he has not mentioned those things about recording. Can he use them as any evidence in the court. 



Ratnesh kumar


Advocate
[ Scorecard : 265]
PRO CHAT CALL
Posted On 02 June 2012 at 22:03

yes, certainly it can be used as a evidence in the court and the court will take consideration of those recordings or video which will be presented before the court. if ur husband has filed the divoerce case than be prepared for that and make your prepartin according to that. by the way on what grounds your husband has filed the divoerce......


vaishnavipriya


Clerck
[ Scorecard : 48]
PRO CHAT CALL
Posted On 02 June 2012 at 22:29

he has not mentioned anything about the recordings. he has field that we have no physical relationship.


Ratnesh kumar


Advocate
[ Scorecard : 265]
PRO CHAT CALL
Posted On 02 June 2012 at 22:40

it is not necessary to describe about the evidence at the time of filing of case . it is being presented when case i on evidence satge it is justa intial stage. so your husband has filed the case only on the ground of physical relationship. than legally your husband have file the divoerce on ground of desertion. well how long you have been married .


Adv. Chandu 09868332610


Advocate
[ Scorecard : 2795]
PRO CHAT CALL
Posted On 02 June 2012 at 23:44

on both the points youare correct, enquirer. if he files recordings, simply deny your voice and also allege the record is doctored.  It is very difficult for him to prove it.  If he engages private lab. to prove his case, you can also engage a private lab. to prove that the record is doctored and your voice is not genuine.  In the pleadings, he has to mention at least at some point that the reference of the contents of recording.  Otherwise, he cannot produce them in evidence.  There is a basic principle in law that evidence will be for the purpose of proving the pleadings.  Hence, do not worry.


**Victim**


job
[ Scorecard : 1683]
PRO CHAT CALL
Posted On 03 June 2012 at 01:14

@ Author it is not possible to simply deny that it's not your voice especially with latest technology it's simply not possible i suggest you think twice before even you decide to prove that recorded voice is not yours by lying in court you will put yourself in big trouble especially if you lie in court then it's a punishable offence and you will be jailed for it at that point lawyer will not do anything for you.................... jst make urself believe that you have admitted something and it's being recorded therefore you should act accordingly jst speak with ur husband and resolve the matter amicably........... If your conversation is recorded then you are surely in trouble...........you can just delay the matter by simply denying that voice is not yours but one day it will be proved no matter what, so make a wise step and then decide what you want ?


Adv. Chandu 09868332610


Advocate
[ Scorecard : 2795]
PRO CHAT CALL
Posted On 03 June 2012 at 11:07

 

dear author,

In civil law, there are no cases where the party denies the genuineness about the voice recording and it is proved against them.  In how many cases, the party was sent to jail for perjury?  If Indian courts are that much strict, 90% of husbands, who tell lies nothing but lies in the maintenance cases about their income could have been put behind the bars.  The dowry system is so prevalent in Indian Society, but in each and every court you see that the husband blatantly lies and says that not even single paisa has been taken as dowry.  In RCR cases, husbands throw the wife out of the matrimonial home and seek restitution in the court.  Lies are hallmarks of Indian courts and both genders are equally culpable of that guilt. 


Kumar Doab


FIN
[ Scorecard : 10091]
PRO CHAT CALL
Posted On 03 June 2012 at 11:39

It is felt that State and Central Forensic Science Labs can conduct Sound Spectrography by scientific methods and Sound Spectrograph.


Adv. Chandu 09868332610


Advocate
[ Scorecard : 2795]
PRO CHAT CALL
Posted On 03 June 2012 at 13:07

In civil cases, it is rare to send the material to the Govt. forensic labs as the samples in criminal cases are piled up in labs due to lack of staff.  Even govt. lab. reports can also successfully be questioned in evidence and after all the reports are experts' opinions and not conclusive evidence.  Contrary report by some other expert will nullify the entire evidence on that particular fact. 


I love my parents


law
[ Scorecard : 369]
PRO CHAT CALL
Posted On 03 June 2012 at 14:09

Very gud thanx dear.Also helpful 4 me.




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