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legaladvice3 (n/a)     15 January 2008

Information on Phone Recordings

In this case, husband has been abusive and always tried to disrupt wife's education. Irrespective of how hard she tried to study by staying with him he never let that happen. He will always verbally harass her and spread all false propogonda. He tried to disrupt her education by creating disturbances in college.

Unable to bear all this girl went to parent's house to complete her education. In this time he tried to call her back which failed. Compromises were tried couple of times but as it never worked, this time girl is refusing to go until she compelte her education. With this husband is torturing her to give divorce. He is trying and forcing in all possible ways to make her give divorce. He threatens her of ruining her life and also threatens her parents.

Now he has been dragging them in to all controversies over phone and has been recording all phone conversations. He makes them speak about particular topics and records themm. He drags into controversies by saying all wrong things and forces them to speak harshly which he records

Now how will he use these recordings in court? If the girl moves to court by filling a verbal harassment complaint against the person will these recordsings go against the favor of girl? What can be done to avoid this? it is not possible to avoid talking over phone at the same time should they be concerned about these recordings?


Learning

 2 Replies

manishyogi (n/a)     15 January 2008

In India, the courts would not decide any issue merely on phone recordings. At the most they can be used as corroborative evidence.
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vipul parmar (n/a)     17 January 2008

[color=#000080]The recently promulgated Maharashtra Organised Crime Control Act (MOCCA) has made permissible the use of tape recordings as evidence in court. Recordings can prove to be vital evidence in organised crimes like extortion, where there are neither eyewitnesses nor complaints by victims. Preservation of recordings of correspondence conducted through agencies like the Mahanagar Telephone Nigam Limited (MTNL) could cement gaping holes in several investigations. The recording becomes legal evidence only when it is corroborated with the statements of the person who deposes that he or she carried out the conversation in question with the other person. A third person's deposition that he or she overheard the recorded conversation between the two persons is also admissible.[/color]

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