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karan30 (member)     04 May 2014

Evidence in divorce case


    This is regarding a divorce case filed by my wife in family court. However to prove her allegations wrong, I have some sms sent by her to me, but problem is from this phone I cannot transfer sms to computer & thus can't take printouts of sms. Can I produce transcriptt of the messages (with sender's number,date,time) in court & submit my mobile phone along with it. Would this be proper procedure. If yes, then should I submit my phone at stage of my chief examination or before that. What is gurantee that it will remain in safe custody if I submit it. Kindly advice what to do.


 5 Replies

Dr J C Vashista (Advocate)     04 May 2014

You will have to prove whatever you want to submit with evidence and corrobroate your statement, whether by email, sms or any other mode which is subject to authentication in corss examination and it has to be beyond reasonable doubt.

karan30 (member)     04 May 2014

Thanks sir

Shiva......... (owner)     04 May 2014

Karan, you can contact TRUTH LAB, cyber forensic experts. They will retrieve all the sms and email, in a authenticated format. You can submit it in court easily. That's what I did in my case.
1 Like

Anand Bali Adv. (Advocate Solicitor & Consultant)     04 May 2014

Dear Friend,

All the electronically recorded statements are secondary documents admissable under Evidence Act when it is well  corroborated with other statements and evidences provided it is not tempered and cut. You need to get the CD of the recording by the authentic forensic lab and get it admitted in the court with its transcriptt word by word.

it is considered to be a good evidence. Equivalent to a snap shot.

So do not worry at all. Take help of a good Advocate.

For further legal assistance on nominal charges,  you can contact undersigned on below given  phone number.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.

Click "LIKE" in appreciation of the above answer.

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)

Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.

Email: advicelaw1@gmail.com

Ph: 9582144748

T. Kalaiselvan, Advocate (Advocate)     06 May 2014

As opined by learned advocates, it can be produced as a secondary evidence provided corroborated by other related facts and as suggested you may follow the steps to produce the evidence in the form as admissible by court.

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