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(Guest)

Audio recording admissible to prove wife deserted ?

Hello All,

1. Wife deserted matrimonial home around 1 year back. Is audio recording / call records, which shows we were asking her to come back and join matrimonial home admissible as valid evidence in family court ?

2. In case of any maintenance cases , Can these evidence be used to show wife willfully neglected (without sufficient reason) matrimonial home and can maitenance be denied on the same ground ?

Please advice.



Learning

 5 Replies

M.Sheik Mohammed Ali (advocate)     26 April 2011

no, you can put as a evidence from deserted, same time she will give some other information to the court, so you care of evidence, and the court will may decided authority of maintenance, when a wife desert from home more then 2 years, will get divorce without maintenance.

1 Like

Tajobsindia (Senior Partner )     26 April 2011

Ld. Ali

I am in doubt to your say and I quote you "when a wife desert from home more then 2 years, will get divorce without maintenance." This no. maint. part is doubtful, hence any SC authority you have special knowledge of then kindly share the reasoning part as academic knowledge sharing point of view !

Thks


(Guest)

Yes, you can use it as a supplementary evidence.

Tajobsindia (Senior Partner )     26 April 2011

@ Author

I agree to Ld. Kushan as citation exists with modes it can be presented from various Courts including SC and I differ to Ld. Ali with respect to his stature I really didnot understand his whole para and not clear of what he actually mean by quote and unquote asked therein.

Avnish Kaur (Consultant)     26 April 2011

yes it shud be unedited , original chip preserved, original recording machine preserved and clearly audible. and voice shud be clearly identifiable and transcriptt of conv must be there


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