Alternative relief & electronic recording ?
Querist :
Anonymous
(Querist) 14 February 2018
This query is : Open
I filled petition u/s 12-1-a HMA 1955 (Impotency of wife ) in 2016.. In Her W.S : she told that we lived under 1 roof for 23 days and we never done any physical relation between us.Even she told I was ready for physical relation and my husband never approached towards me
--------------------------------------------------------------------------------------------------------------------
I HAVE HER EVIDANCES
1st audio recording ---- conversation between us in which she told she had boyfriend so i need some time to adjust .
2nd audio recording ---- done after 25 days conversation between us in which she told me in aggressive way,,,dont touch me ,dont sleep near me ,i married you for money and property....
3rd audio recording ----done after 8 days between private marriage consellor and wife ,in which she told i willl not allow my husband to touch me for physical relation because husband doubt me,,and I dont have any boyfriend..
4th evidance: After 7th month of marriage my wife declared in public on general affidavit that she is unmarried ..
My questions
Q1) Does family court accept audio recording under Indian electronic evidance act .
Q2) In audio clip she willfully refuse for physical relation means its repugnance aversion to sexual act means emotional impotncey so does the court can accept it ?
Q3) I hv submitted evidance affidavit of 12-1-a to judge ,now Can I add section 13-1(ia)(ib) as an alternative??,see this judgment:-. **M.J. Petition No.565/1992 was filed by the husband for nullity and alternatively for divorce. M.J. Petition No.272/1993 was filed by the wife for restitution of conjugal rights. Both the petitions were jointly heard and decided by a common judgment and order dated 31.10.1994 passed by the Family Judge, Pune. By the said common judgment, the marriage between the parties was annulled and also alternatively divorce was granted to the husband. The petition for restitution of conjugal rights preferred by the wife was dismissed.** for details check this site http://www.lawyerservices.in/Sou-Pramila-Shankar-Ghante-Versus-Shri-Shankar-Vishwanath-Ghante-2012-07-23
Q4) Is it possible to add alternative relief in same petition ? & does the family court accept recording between husband and wife ?
Read more at: http://www.lawyersclubindia.com/experts/ask_query.asp
