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Is this recording a proof?

(Querist) 10 June 2012 This query is : Resolved 
Wife treated the husband with cruelty. Husband recorded her abuses a few times in his mobile so that he may prove her cruelty in divorce case. Due to lack of exact knowledge, he transferred the files to his laptop. The original mobile is lost, the laptop has been replaced, all concerned files copied to new laptop.
There is no tempering or editing of the voice record so far, mere shifting from one gadget t anther. Can this recording be still helpful or will it not be considered a valid proof?
Adv. Chandrasekhar (Expert) 10 June 2012
It is a secondary evidence. you can explain the court how the primary evidence could not be produced before the court. So far as the recorded version as evidence, I believe that if the other party simply denies her voice and also alleges that the recorded version is doctored, it is very difficult for you to prove the document to the satisfaction of the court.
rajiv_lodha (Querist) 10 June 2012
I agree that it may rather delay the process, but there must be a mechanism in place to verify the authenticity of voice records?............like some forensic labs!
Is is common or uncommon practice for the courts to send these electronic evidence to such labs...........is the outcome fruitful?
mahendrakumar (Expert) 11 June 2012
since it is only a secondary evidence to support your claim,there is no point in trying for any forensic opinion.
S Jadhav 98336 98330 (Expert) 11 June 2012
You will understand that verbal abuse is only a small part of cruelty. So if you have an otherwise strong case (which is not based only on this voice evidence that you do not have the original of), then please go ahead with your case.
Else, you can record it again if you have not yet filed.

Though you can prove that the voice belongs to your wife and that what she said is true, there are many aspects and hence the original equipment that recorded the voice is necessary as evidence.

S Jadhav
Shonee Kapoor (Expert) 20 June 2012
try to use the same, it is not conclusive proof but can support your story nonetheless.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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