Conversation recordings b/w my wife and her family members
(Querist) 20 November 2022
This query is : Open
I have recorded a conversation between my wife and her father and other family members, while they are arguing about forceful marriage done by them, during their conversation, i am also present in the room, but my voice is not present, so, is it allowed to submit in the court as a proof ?, does it constitutes any privacy violation ? , because I am in the room but i was silent and recording their conversation, so is it good idea to use as a evidence in the court, that my wife was forced to marry.
(Expert) 20 November 2022
Now, do you want to divorce her? When you are in the room and they know that you were there, then how did they make conversation about your marriage with their daughter? Is it so?
(Querist) 21 November 2022
No, i don't want to divorce her, because we have a baby girl, i don't want them to get suffered with the divorce. Yes, i was present inside the room and sat along with them during the discussion between my wife and her father and other family members. But, they are threatening and harassing me since an year on filing false cases on me and my family members and demanding property partition again, even though i have received my share at the time of the marriage. now they have sent a court notice with a Civil Law Suit under section 26 for division and share of the family property. me and my wife living separately since last 18 months. They are intentionally harassing me and my family members.
(Expert) 21 November 2022
File a case that they are harassing you by consulting a local lawyer.
(Expert) 22 November 2022
Technically recording any conversation, without informing the concened parties that the conversation is being recorded, is illegal and may not be accpeted as evidence in a Court.
(Querist) 22 November 2022
Dear Attorney Kishore ji, I was also one among the conversation, i have done so, due to the possible potential risks involved with their actions. Do you think , the court will punish me for doing so ?
(Expert) 27 November 2022
The facts posted are disjointed and unconvincing. How your wife and her family is concerned with partition of your family property. Please post precise facts.
(Querist) 27 November 2022
Dear Venu ji, my wife left our house and staying at her parents house since last 18 months, in between we tried a lot to bring her back, she refused, due to parents active support.
Around 8th month after she left, we made a complaint in our local police station, they have been called and counseled to live together, but in vain.
Now after almost 18 months, they sent a CPC U/S 26 notice for partitioning the family property and give the share to my baby girl and to her, due to neglecting them. For their maintenance they want to division and requesting half of the share from my share of family property.
(Expert) 28 November 2022
"they sent a CPC U/S 26 notice" CPC has no such provision to send Notice.
(Querist) 28 November 2022
Civil Procedure Code : under section 26