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desertedhusband (na)     06 November 2012

Audio/video and email proofs?

Hi Experts,

Please guide:

Does emails and audio/video proofs carry any importance in eyes of indian courts (pertaining to matrimonial disputes)? 

Also one more question (sorry if it sounds funny). I want to ask that can a husband show the photos and videos of holiday vacations with wife or family celebrations to prove that he always tried to keep her wife happy by all means possible?

Can credit card bills for expenses done on wife strengthen husband's point that he never backedoff from taking care of his wife..

Thanks in advance,



 6 Replies

Tajobsindia (Senior Partner )     06 November 2012

1. All asked media are admissible if preserved in original condition without tampering as well as email exchanges marked as exhibit accordingly r/w photographs (if digital then media need to be preserved without tampering and if film printed one then original negatives needs to be submitted) if husband (defendant) discharges burden of proof as per Indian Evidence Act particular Section(s).

Off the records; today she smiled while photos were clicked but tomorrow she complaint of ill-treatment meted to her by your hands then what would you do?. Same way she brimmed ear to ear due to shipping bling via credit card statements but next day she complained when no credit card bills were produced by your side then what shall you do when the allegations ae of very next day bze for a simple reason you will subscibe her petition writer wrote a generic para as allegations withotu any date, time, place stamp to get admitted such complaints matters (I treat them as vague)?

Prepare defense in persuasive pattern accordingly as such allegation defense is an art and no set formula can be placed here for discharging solace your mountain of sorrows today. Let tomorrow cometh……….

That is why I say matrimonial law is funniest art form which only two spouses in 4 walls of a bedroom can present their version (persuasively) for ld. Judge(s) entertainment…….entertainment………entertainment……. (oops to be read as application of mind).

anil yadav (ns)     06 November 2012

mr. tajobsindia agar ye matrominak disputes 4 wall ke ander hote h to ek wife ki sabhi baate true and husband ki sabhi baate false kyo maani jaatu h.jabki presently wife apne husband ko pareshhan karti h phir bi punishmend husband ko milti h.and court call recording ko accsept kyo nhi karta.kya sabhi wife true bolti h.it means to becchara husband khud ki kaise bachaye and defance kare false cases ka. plz sir koi advice dijiye

NAVDEEP SINGH SRAN (student)     06 November 2012

yes email is strong evidence under IT ACT 2005.photo can not be evidence because love can be converted into cruality after some time

desertedhusband (na)     06 November 2012

OK, photos may not be a good proof. but will daily chats and messages stands good to prove that there was nothing serious between her and me to make her run away to her parents home?

I even kept on paying my child's hefty school fee for 6 months in hope that she might return. only when school refused to accept any more fee without having the pupil, i stopped paying. will the school fee receipts strengthen my case that it was she who deserted me two years back and not me? I have her return air tickets which I booked twice for her to come back and even recording of phone calls which she made after going back in which we both are sounding absolutely normal and she does not give a fainted hint that she will not come back and suddenly she wrote an email one day that she is not coming back. 

Experts, do you think my claims are good to prove that it was her who deserted me and not I did that to her? Will my point that I did not go to bring her back sighting my safety as my inlaws have threatened on my life in past also, have any say in the court?

Will my call recording and emails proofs that I tried with all my might to contact her and pacify her to come back, be entertained in indian courts?

Rahul Kapoor (Legal Enthusiast)     07 November 2012


Emails and other e-evidence are admissble in court if in accordance with 65A of indian evidence act.



desertedhusband (na)     07 November 2012

@Iamaltruist, I just read section 65A and B but not sure if I could understand the difficult legal language. I have numerous call recordings also. and when I say numerous i realy mean it. I had recorded every phone call that my wife had made for 8 months before the deserted me and even phone calls that we had after she went to her parents home. What does law say about audio and visual proofs?

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