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Kabir (SE)     03 June 2014

Validity of recording to save from false 498a and dv

Hi,

Recently I have been reading lots of blogs and issues shared by many sufferer people around India for false 498a and DV. I am on same boat where i tried very hard  to save my marriage but i am unable to do so. 

it’s been 15 months of marriage and i don’t remember a day where i spent with peace in home.
I have only 2 options remain now - Either I accept for her cruelty every day or just get out of this failed marriage. Let me just tell you that if i try to stay separate in order to save my mental peace and saving my job then she has already filed false missing complain 4 months ago. Also 6 months ago she called police in home n also went to police station to file false DV case. Thanks to PS that he understood everything before me saying anything to them and she was ignored and advised.

However, I know I am men and no one will believe me whatever  i say about her cruelty so i started doing voice recording of all of our conversations in my mobile and end of the day i just moved these recorded voice file to my safe computer from Mobile coz she check my mobile very often.

Recently i am hearing a lot about Recording audio with recording media should ve preserved in order to get benefit of those recording of our conversations. But I am not doing so.

Can you some expert from group can provide full specification in legal terms which will be considered in court of law?

1. Can i move the recording another device and still can be validated?

2. How can you verify the recording authenticity?

3. Audio and Video recording both has same sets of rules for authenticity?

4. Can you please provide full descripttion of the audio/video authenticity in law of court?



Learning

 5 Replies

ANAMIKA VICHARE (LAWYER)     03 June 2014

Audio Video recording is a strong proof

 

For audio recording you have to submit the CD alongwith the transcripttion like Draama dialogues

You have to submit the original instruument from which recording is done

Anamika Vichare

 

9920764088

anamika_vichare@rediffmail.com

Ravi (a)     03 June 2014

thank you so much @Anamika.

even i have audio/video recordings thru my mobile. but i used to move them from the chip to my computer hard drive in order to free up space and to keep it clean so that my wife will not know anything about it.

most of the files (both audio/video) are moved to computer. i have not done any manipulation on the files or altered

is it ok i move them back to the original chip and submit the chip + phone to the court of law? is it regarded correct?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 June 2014

Can you some expert from group can provide full specification in legal terms which will be considered in court of law?

Recodings are admissible in Indian Courts, both Tape as well as recordings on Electronic Devices are admissible. However the test is that they should be contemporaneous, kept on the original media and unedited. All recordings should be supplied with the original media and a transcriptt.  

 

1. Can i move the recording another device and still can be validated?

No.

 

2. How can you verify the recording authenticity?

Either by admission of the other party or by sending it to FSL

 

3. Audio and Video recording both has same sets of rules for authenticity?

YES

 

4. Can you please provide full descriptttion of the audio/video authenticity in law of court?

Unless one knows what is the problem you are facing, nothing can be said. The law is too vast to be encapsulated in one para for all problems.

 

 

 
 
Regards,
 
Shonee Kapoor

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

Gautam Kapoor (IT professional Studying Law)     03 June 2014

cheers mr. shonee and anamika madam.

KISHAN DUTT KALASKAR (Advocate)     17 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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