Mohammed Raffic N 04 October 2024

Consideration of audio evidence

I have been threatened by wife and father in law in my working premises in the year 2016 and i have this as proof in the form of audio recording.My wife threatens me that she will committ suicide , do this can be considered as an evidence for mental cruelty against me in divorce case.Kindly give guidance.

Reply Follow

Quick Summary

This discussion explores the admissibility of audio recordings as evidence of mental cruelty in divorce proceedings. Threats of suicide made by a spouse can indeed be considered mental cruelty. While audio recordings are generally admissible, they must comply with Section 65B of the Evidence Act. The age of the evidence (8 years in this case) is a factor, and it's advised to demonstrate how the cruelty has continued to the present day to strengthen the case.

3 Replies

P. Venu (Advocate) 04 October 2024

Yes, such threats, once proved, constitutes mental cruelty.

Advocate Bhartesh goyal (advocate) 04 October 2024

Audeo recordings( electronic evidence ) are admissible in evidence subject to compliance of sec 65B of Evidence Act.

T. Kalaiselvan, Advocate (Advocate) 04 October 2024

However you have stated that this incident to have taken place in the year 2016 i.e., around 8 years ago, the situations have changed a lot over the lapse of so many years in between.

If the reported acts of cruelty are continuing till this time, you may correlate the same and utilise the same in your favour.