Do lawyers have access of it?

U have to contact a private detective .he will collect evidence and submit it to u with properproof..u my use it in court.but as per my knowledge no advocate will collect evidence .it is not his duty to collect evidence

Originally posted by : Chetna
	Hi, My husband lives in another city and has an affair with another woman. I want proof so I need his phone location history and call details record (CDR). I think a lawyer can get it for me. Can lawyers  access call detail records (CDR) and phone location history of anybody (Like I have seen in movies and tv serials) ? Does it require some kind of legal case filed against him or court permission for accessing these records? I haven’t filed any court case against him and don’t want to file a case without having a solid proof. Can I get these two things by the help of lawyer without having a lawsuit filed in the court? OR lawyers can’t get these things until there is a case filed in the court because they just don’t have access to it without court permission. If they can access, what kind of lawyer can help me. Criminal case lawyer or civil case lawyer? Please reply. Thanks in advance.

Indian government wants telcos to keep call data records for five years. India's Intelligence Bureau (IB) wants all mobile phone companies to keep call data records, or details of all phone calls made by their customers, for a period of five years.

Law enforcement agencies both at the central and state level — the CBI, Income Tax department, intelligence agencies, police, counter-terrorism agencies such as the NIA and the ATS — are allowed access to CDR during investigation, subject to certain permissions.

Advocates, Lawyers, Private detectives etc if any one claims to give you CDR then they are just making chutiya out of you, extract money and say ultimately police have made objections.

If you have call recordings or get call recordings which are on mobile device that will be sufficient to give to court.

But again there is no guarantee that the court will consider them as evidence.  And all exercise to gain such may be futile.

Yours is matrimonial  matter and for that Law enforcement agencies both at the central and state level — the CBI, Income Tax department, intelligence agencies, police, counter-terrorism agencies such as the NIA and the ATS will run behind call records as your marriage is of national importance ?

Crores of people marry each day in this country.  Marriage is a personal choice.  Just to gain votes govt comes up with Laws which seem to protect interest of women.  Those are all fake and are just eye wash.

Since your case is pertaining to failed marriage, simpler way is to take mutual divorce if you are below 30 years of age, claim some one time alimony and leave the matter.  If you are above 35 and lost age already you can make getting call record details, fighting for justice your lone cause of life.

Choice is yours.

How it works in practice...

You hire a private detective and get CDR, photos, etc.  CDR retrieval by private detectives is illegal but they will get it for you. for a price as they have contacts with the phone companies.  You then use that information to get the real data (the phone number of his girl-friend, location, etc.). Then the private detective follows her based upon this information and finds her details...

Then, he writes an affidavit (assuming he is a licensed private detective) providing all details. He does not disclose that he had access to CDR.  

During his cross-examination, you ask him questions regarding this lady.... with other details such as photos.

Except for the CDR, everything else is legal.  

So, in conclusion, there is no advocate in the picture here to get evidence. The CDR themselves cannot be presented in Court. In fact, if you did that, the entire evidence will be thrown out.  You may, however, ask the Court to have him produce his CDR or have the Court issue a subpoena to the phone company to provide the CDR. But you should not do it, because you already got the end-result.