Ankit (consultant) 28 August 2013

How important is 3rd person voice recording in dv case

Dear Experts,

Please advice regarding the following...

Husband and wife had arguments (Mostly initiated by wife) during which wife used to ( without husband coming to know) switch on her mobile so that her parents could record the argument. This was done when husband (after maintaining maximum calm) had lost his temper and was not in control of his language. During this period wife suddenly became quiet and tried to just keep quiet so that the voice recording mainly had the husband speaking at the top of his voice and using inappropriate language.

The husband never realised this though he did catch his wife 5-6 times having the phone switched on with a call going to her parents. Thw wife's phone didn't have any call recorder.

The recordings were done in the wives' parent's Phone who were NOT present physically at that place.

How important is these type of recordings to be used against the husband as evidence in DV case. How to counter as husband has no such evidence against his wife?

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1 Replies

Tajobsindia (Senior Partner ) 29 August 2013

1. Very poor leaving of tell tale tracks by a husband as to what is happening in closed bedroom of spouses.

2. The essence of transcripttt becomes relevant in establishing domestic violence must have happened prime – facie once In-Laws gets called by aggrieved person (i.e. your wife) as her witnesses.

3. You may raise issues of denying them not to be your voice vis-à-vis voice sample analysis sent to Forensic Lab / privacy laws / constitutional fundamental rights etc. etc. those are only defence you have otherwise nothing else is my view in a prime-facie scenario such as in DV Act to Order Protection Order(s) and then rest will be tough journey of yours to Session Court to HC to SC………….