Recording of conversation of wife lawyer
NAME
(Querist) 13 June 2012
This query is : Resolved
case filed 1 year back for divorce and 498a
i am on bail, wife has changed her lawyer in between. Her new lawyer is relative of her.
Previous charge were demanding of do wry on marriage date and mistreating her for dowry . on date i got bail, he came to me said all false case were creation of previous lawyer. he was part of marriage cermony and he aware what is mention in chargesheet is false. he want to make a comprise.
i got this connversation recorded on my blackbery. Can I use this in my crimnal case. he has himself acknowledge to witeness of allege crime scene.
is it a admissble evidence.
Devajyoti Barman
(Expert) 13 June 2012
This is a privileged communication and hence not admissible in evidence.
Adv.R.P.Chugh
(Expert) 13 June 2012
I respectfully disagree with Ld.Burman Jee, Only communication between legal professional and client is priveleged, and as regards 'no prejudice communication' as protected by S.26. It does not apply too.
Section 23 in The Indian Evidence Act, 1872
23. Admissions in civil cases when relevant.- In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given.
Explanation.-- Nothing in this section shall be taken to exempt any barrister, pleader, attorney or vakil from giving evidence of any matter of which he may be compelled to give evidence under section 126.
There was no intention from our side not to lead this in evidence, furthermore things were not said in formal compromise/mediation proceedings, but he approached us himself. There being no implied or express promise not to use this. In my view this can be used.
Sankaranarayanan
(Expert) 13 June 2012
yes well i do agree with mr bharat, how could that lawyer told those all false. what answer you been communicated those conversation.
Sankaranarayanan
(Expert) 13 June 2012
yes well i do agree with mr bharat, how could that lawyer told those all false. what answer you been communicated those conversation.
Sankaranarayanan
(Expert) 13 June 2012
yes well i do agree with mr bharat, how could that lawyer told those all false. what answer you been communicated those conversation.
ajay sethi
(Expert) 13 June 2012
be practical . the new lawyer wants a compromise . forget about relying upon recorded conversation and aantagoniising the new lawyer .
use his good offices as he is sympathetic and draw consent terms . settle the case . dont further complicate the issue
NAME
(Querist) 13 June 2012
he is realtive of wife and he did attend marriage cermoney. he has recalled there was nothing in acutal compare to what is mention in divorce agreement.
ajay sir, if he is sympatheic, let him advice my wife to admit truth, i have not done nothing to her, yet charge are framed against me in court. if i agree to settle to without either she admiting truth or i proving, then i have carry this baggage my entire life.
wont i be force to rethink every time, i have discussion with my new wife because as per court record i have criminal history.
Shonee Kapoor
(Expert) 14 June 2012
You have been well-advised.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
