vivekmehta 25 April 2015

Phone calls

I recorded phone calls of wife without her knowledge through a spy software. These calls prove her adultery. However, now she is at her native place and filed a false 489a and I dont have the phone device from which the recording happened.

Can I submit the audio files of phone call recording in court as evidence?

Will highly appreciate your guidance.

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6 Replies

bsrao 25 April 2015

Phone calls cannot prove adultery. Period. Try to get out of this mess as soon as possible with some mediator's help. No point in wasting time and money.

Hope this helps.

B S Rao

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 25 April 2015

As a general rule, evidence obtained illegally cannot be used in court, and surreptitious tape recordings by telephone are illegal in most states . You must have permission from the party being recorded or, at the very least, give the other person notice that the call is being recorded.

rajkiran (lawyer) 25 April 2015

recorded conversation is quite weak piece of evidence.if it connects the link then it get weight.but in your case there is just a conversation without any strong evidence like cctv footage or eyewitness witnessing that than person is a regular visitor in your absence,etc.

as far as collection of evidence is concerned with due respect i am quite disagree with ramachary's view. evidence is the evidence normally i never saw in my law practise that evidence is discarded merely it was obtained by illegal means.court has a discretion to decide its admissibility not an advocate.

T. Kalaiselvan, Advocate (Advocate) 02 May 2015

The evidence in your possession cannot be treated as a strongevidnceto prove adultery. This may corroborate your claim for adultery on her. You put your efforts to gather more concrete evidences so that you challenge her 498a also simultaneously.

jack (nothing) 03 May 2015

Even I disagree with ramachary.you can use that as secondary evidence . I don't know why he is showing mercy on a adultery and false 498a wife's. now a days these cases are running business.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 11 May 2015

I agree with Mr. Jack,

Causes shown by some learned members here is very disappointing.

Electronic evidences are valid as per Indian Evidence Act 1872 and can be produce before the court as circumstantial evidence as per section 3 of said act. Please store it in a disc (ROM) and produce if before the court and play it during your arguments.

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1