Dear Expert,
I am contesting divorce case on account of adultery against my wife. During the cross, she denied the call recordings in which she admitted that she has made a sin and pleaded for forgiveness . At the time of call recording, she was at her parents house and call was recorded in my mobile phone using call recording features of mobile. We have produced five eyewitness i.e. Me, my mother, my mausi, my mausi's son and House Maid residing in servant quarter. She has also denied the servant name and said the servant was 14 year old. In the instant case, paramour of my wife already convicted and senteced to 3 years RI. He has also challenged same in higher court.
We have submitted an application in court for voice sample to bring out the trurth and they have denied citing privacy and all clause. Now question is:-
1. Can voice recording be admitted as proof. I came to know one case law S.B. CIVIL WRIT PETITION NO. 14726/2013 in high court bench at Jaipur where in it was held that unilateral call recording between husband and wife is not to be admitted even if it is true.
2. However, contrary judgements are also there in Mrs.Havovi Kersi Sethna vs Mr.Kersi Gustad Sethna (High Court of Mumbai) and by Supereme Court in CRIMINAL APPEAL NO. 1525 OF 2015.
Thus, please advise whether voice recording between husband and wife is admissible in Court. Further, whether request of voice sample will survive?
Please give your opinion supported with the case law/s
Please advise
