Gaurav (Engineer) 12 December 2013

Call details and sms admissible in court as evidence

I have followin two queries w.r.t the call details and SMS:

1. In CrPC 125 complaint , my mentions said she called her parents on 23rd April, 2012 to took her to the parental home as her husband and mother-in-law was beating her mercileesly. She also mentioned that she forced to live with her parents due to the voilent behaviour of her husband and thus 50K as maintenece awarded to her. Since 23rd April, 2012 she has been lving with her parents.

Actually, her parents called me on that day and said that we are coming to their daughter's matrimonial home to take her back permanently as I don't agree her demands and denied to sign an affadavit.Also, she didn't had her phone on 23rd April, 2012 as she left it at her parental home during previous visit.

Can I get the details from the service provider and produce as evidence in the court to prove her wrong that she can't call her parents on 23rd April, 2012 as she didn't had her phone then how can she called her parents ?

2. My wife and in-laws wanted me to sign an affadavit. An affadavit contains her un-necessary demands like give her entire monthly salary, transfer the entitilement of my mother's self acquired property to her name etc ... I denied to sign affadavit. She sends me a threatening SMS that ur life will be spoiled as u denied to sign an affadavit and also she sends a SMS and asked me whether I will give her an affadavit or not.

The day I denied to sign an affadavit. Next day she files a dowry harrasment complaint in CAW cell.

Can i produce her SMS's in the court to prove that she and her parents were forcing me to fulfill her demands by signing an affadavit.

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4 Replies

Adv. Chandrasekhar (Advocate) 12 December 2013

If you possess the affidavit (unsigned) and recorded conversation of her parents' talk with you forcing you to sign affidavit, you will be in a good position to prove that your wife left you without reasonable cause. Otherwise, the points which you are insisting are nongermane to decide the issues of entitlement and quantity of maintenance under S. 125 case.

Gaurav (Engineer) 12 December 2013

Thnks sir for reply !!!!

I don't have in-laws recoderd conversation but i have her SMS's forcing me to sign an affadavit and threatening that now u live happliy with ur mother as u denied to sign an affadavit. She also gives me a threat in SMS that ur life will be spoiled as u doesn't give an affadavit.

But I have a recorded conversation of my wife where she is saying that if u don't force ur mother to leave our matrimonial home then I am going to stay with my parents and will say in the court that I have left the matrimonial home on my own will. Can I produce this recording in the court ?

How can I create the transcriptt of the same to be produce as evidence in the court ?

Regarding first point in the above theread, can i produce the call details record of her phone to prove her wrong that she didn't call her parents on 23rd april, 2012. Also, she don't mention any physical injuries caused to her because of beating.

Adv. Chandrasekhar (Advocate) 12 December 2013

Transcriptts have to be reproduced in the petition/reply and original recordings have to be produced in the court as documents. Even after that the mute question rises before the court is the contents of affidavit. You plead the contents according to your own version and they plead the contents according to their own version. For example, they contend that the contents of affidavits are that you and your mother should not beat her or abuse her and when you refused to sign such legitimate request, they approched the court.

Gaurav (Engineer) 12 December 2013

Thanks for quick reply sir !!!

But what about the recording I have with my wife "Where she is saying that if u don't force ur mother to leave our matrimonial home then I am going to stay with my parents and will say in the court that I have left the matrimonial home on my own will."

Will this recording created doubt in the court that she is aggresive in nature.