Acceptance of electronic evidences ?
Querist :
Anonymous
(Querist) 14 February 2018
This query is : Resolved
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
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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..
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 invincible aversion to sexual act means emotional impotncey so does the court can accept it ?
Q3) Is it Possible to add alternative relief in my petition as told in “Pramila case”?
Q4) Does the conversation between husband and wife audio recording is accepted in court ?
Q5) Does the conversation between wife and private marriage counsellor is accepted in family court ?
Vijay Raj Mahajan
(Expert) 14 February 2018
For the sake of argument even if the petition for annulment u/s 12(1)(a) on the ground of non-consummation owing to the impotency of the respondent wife, you are able to prove that there has been no consummation of marriage because your wife refused for it, how you prove the second important part, namely, the impotency of the wife?
The advocate whom you engaged and drafted the petition on your behalf is either complete stupid person or not having complete knowledge of law of divorce/annulment or is money minded made you to pay for the petition after taking money from you and knowing well that your case will fail and let it be, his pocket is filled.
The impotency of respondent too is onus on the petitioner to prove, and when medical examination is conducted, if allowed by the Family Court, the medical report showing her fit and fine, capable of physical relationship and not impotent at all, what will you do, conduct Arati of your advocate?
The refusal of physical relationship and not allowing consummation of marriage can be act of cruelty on the ground the divorce u/s 13(1)(ia) HMA should have been filled.
Now kick the advocate out of your case, engage some advocate having knowledge of the law of divorce and annulment, move application for amendment of the petition under order 6 rule 17 CPC wherein you add the ground of divorce on the basis of cruelty and alternately seek the dissolution of marriage by decree of divorce as relief.
Kishor Mehta
(Expert) 14 February 2018
The electronic evidences are accepted in the Courts of Law, If the recorded evidence is proved to be true, with corroborative facts, then it can be safely surmised that the wife is not interested in any marital relationship with her husband and this is a valid ground for annulment.
Kuummaar AS
(Expert) 14 February 2018
“ANONYMOUS” ने इस फोरम पे बहुत QUERIES फैंकी हुई हैं सावधान रहिये
Vikas Hedau
(Expert) 18 June 2018
Kindly Read this section of Family Courts Act
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Section 14. Application of Indian Evidence Act, 1872 :----A Family Court may receive as evidence any report, statement, documents, information or matter that may, in its opinion, assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the Indian Evidence Act, 1872 (1 of 1872).
SHIRISH PAWAR, 7738990900
(Expert) 14 February 2018
