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498_final stage (Professional)     26 October 2012

498a - is mobile recording seen as evidence

My wife's behavior after marriage was getting worse. She used to pick reasons to fight with me and always abused my parents and sister. I agree that there are differences in every family but I know my family memebers they have tried everything to adjust her. 

We also shifted to Gurgaon as she was not able to adjust with my parents and always wanted to focus on her career. Even there she had problem with my parents even when I used to take her along with me once in a week. 

All her frustation used to burst on me and she used to beat and abuse me and my family on a daily basis. She used to threat me to file a false case and beat my mother and sister to death. She also used to say that I will file a case and ask for money and all your family members including you would be on road.

I have recorded all these statements using my cell phone and uploaded it to my computer. These recordings were done in the month of June - July 2012. However I never had intentions to use these recordings. But now in October 2012 she has filed a false case against our family. 

I let lady police thana officer hear that (during mediation) as well (a portion of it) and she could understand the whole scenario.

My question is - Is audio recording (using cellphone) between a husband and wife accepted as an evidence in Ghaziabad court??

Kindly Answer



Learning

 4 Replies

Ranee....... (NA)     26 October 2012

My question is - Is audio recording (using cellphone) between a husband and wife accepted as an evidence in Ghaziabad court??

Ha ha..:D

All courts in India are abide by Indian Evidence Act.

1 Like

498_final stage (Professional)     26 October 2012

So you mean to say these audio recordings would be acceptable anywhere in an Indian court. Right? I never had intention to take these recordings to the court or police rather I did tell her mother about these recordings and she instead of understanding the intend said.. there should be no recording between husband and wife (Neech kaam kiya hai). My wife then forced me to delete these recordings from my cell phone and abused me and my family.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 October 2012

ya it can be used as evidence

498_final stage (Professional)     26 October 2012

Thanks for the reply. I would like to know from our senior lawyers what they have to say about it?


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