My wife deserted me 6 months ago over petty issues and hasn't returned since then. i have been recording all the phone conversations since then. I have written several emails to her asking her to come back. I would like to know in event of a Divorce case or any other false 498a/DV case filed against me, will the Phone call recordings and emails be accepted as proof that I have not done anything wrong and its she who does not want to return. I'm expecting that she is going to file a divorce case against me and claim maintenance as she mentioned this on the phone. I want to use these recordings to prove that she intentionally does not want to live with me and is applying for divorce only to extract maintenance money out of me. Please advise.
Venkatesh it's absolutely admissible in the family court as this recordings are between you two so there is an admissible evidence in the family court you have to keep this recordings in your mobile as well as u can make a c.d of this and along with this u have to give the transcriptt of what has been spoken between u both also all the details of the call as when and at what time this call was made either by u or she keep ur mobile or landline call detail in tact
In India, various courts have held that unilateral recording between husband and wife is not admissible in evidence as it is a breach of privacy. However, even though it is not admissible, it can tilt the verdict in your favour. Most people want to know the truth. Justice is far more important than procedure. But because statute restricts such evidence, the judge will dismiss the evidence but his conscience will not. E-mail threats by your wife are admissible since exchange is bilateral. So also, are telephone conversations if the Police produce them. You cannot record telephone conversations unilaterally. You need to ask police to investigate by providing the date, time, source phone and destination phone number, area call received etc. Then, it becomes a record and positive evidence. You can use them under section 65(B) as a secondary evidence and in this you have no need to prove its original or not. After section 65, section 65A and 65B have been added laying down the provisions about Admissibility of electronic records. It will be best if you consult a good lawyer who can advise you on the specific facets of your case.