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vaishnavipriya (Clerck)     02 June 2012

Recording conversations

 

Is it legal to record personal conversation between husband and wife? Can it be used for getting a divorce? My husband has been recording and videotaping everything that has been happened between us after marriage and now he is forcing me to accept for mutual consent or he will use those as evidence against me for getting divorce. Now he has applied for divorce though he has not mentioned those things about recording. Can he use them as any evidence in the court. 



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 25 Replies

Ratnesh kumar (Advocate)     02 June 2012

yes, certainly it can be used as a evidence in the court and the court will take consideration of those recordings or video which will be presented before the court. if ur husband has filed the divoerce case than be prepared for that and make your prepartin according to that. by the way on what grounds your husband has filed the divoerce......

vaishnavipriya (Clerck)     02 June 2012

he has not mentioned anything about the recordings. he has field that we have no physical relationship.

Ratnesh kumar (Advocate)     02 June 2012

it is not necessary to describe about the evidence at the time of filing of case . it is being presented when case i on evidence satge it is justa intial stage. so your husband has filed the case only on the ground of physical relationship. than legally your husband have file the divoerce on ground of desertion. well how long you have been married .

Adv. Chandrasekhar (Advocate)     02 June 2012

on both the points youare correct, enquirer. if he files recordings, simply deny your voice and also allege the record is doctored.  It is very difficult for him to prove it.  If he engages private lab. to prove his case, you can also engage a private lab. to prove that the record is doctored and your voice is not genuine.  In the pleadings, he has to mention at least at some point that the reference of the contents of recording.  Otherwise, he cannot produce them in evidence.  There is a basic principle in law that evidence will be for the purpose of proving the pleadings.  Hence, do not worry.

**Victim** (job)     03 June 2012

@ Author it is not possible to simply deny that it's not your voice especially with latest technology it's simply not possible i suggest you think twice before even you decide to prove that recorded voice is not yours by lying in court you will put yourself in big trouble especially if you lie in court then it's a punishable offence and you will be jailed for it at that point lawyer will not do anything for you.................... jst make urself believe that you have admitted something and it's being recorded therefore you should act accordingly jst speak with ur husband and resolve the matter amicably........... If your conversation is recorded then you are surely in trouble...........you can just delay the matter by simply denying that voice is not yours but one day it will be proved no matter what, so make a wise step and then decide what you want ?

Adv. Chandrasekhar (Advocate)     03 June 2012

 

dear author,

In civil law, there are no cases where the party denies the genuineness about the voice recording and it is proved against them.  In how many cases, the party was sent to jail for perjury?  If Indian courts are that much strict, 90% of husbands, who tell lies nothing but lies in the maintenance cases about their income could have been put behind the bars.  The dowry system is so prevalent in Indian Society, but in each and every court you see that the husband blatantly lies and says that not even single paisa has been taken as dowry.  In RCR cases, husbands throw the wife out of the matrimonial home and seek restitution in the court.  Lies are hallmarks of Indian courts and both genders are equally culpable of that guilt. 

Kumar Doab (FIN)     03 June 2012

It is felt that State and Central Forensic Science Labs can conduct Sound Spectrography by scientific methods and Sound Spectrograph.

Adv. Chandrasekhar (Advocate)     03 June 2012

In civil cases, it is rare to send the material to the Govt. forensic labs as the samples in criminal cases are piled up in labs due to lack of staff.  Even govt. lab. reports can also successfully be questioned in evidence and after all the reports are experts' opinions and not conclusive evidence.  Contrary report by some other expert will nullify the entire evidence on that particular fact. 

I love my parents (law)     03 June 2012

Very gud thanx dear.Also helpful 4 me.

I love my parents (law)     03 June 2012

Really helpful in my case

**Victim** (job)     03 June 2012

@ Author basically you are taught how to lie in court ? & if u r caught then also u can get away coz according to chandu odds of getting jailed in perjury is almost next to null.......jst think abt it here itself on LCI u r getting. brainwashed in real world you will meet such lawyers who will teach or ask u do such stuff. You should not lie in court coz if u lie & get caught then you will be jailed for almost 7 years there are lots of examples I knw where people got punished for lying in court.

Adv. Chandrasekhar (Advocate)     04 June 2012

@Author,

On this forum, some NRI people who think themselves experts, give tips to the accused of Section 498-A IPC living abroad that how to avoid non-bailable arrest warrants and how to escape the indian courts and indian justice.  They are nothing but corroborators of criminals and are liable to be punished as per indian laws.  Author, you filed your enquiry in woman's name.  please post the same querry with gender change and how some people change their colours shaming the chamereon. 

Adv. Chandrasekhar (Advocate)     04 June 2012

In Radhika's case how husband lied out of his teeth and got away without punishment shows the pathetic situation in our courts. I enclose the file for ready reference.  I have yet to learn that law if husband says lie it is not a lie but a wife says a lie is is a lie.   

Adv. Chandrasekhar (Advocate)     04 June 2012

Radhika Narang  is an illustrative case, where husband lied in the court and the hon'ble High Court came heavily on him but no perjury case.  Case file attached.


Attached File : 408989165 radhika narang and ors vs karun raj narang and anr on 16 january, 2009.htm downloaded: 162 times