fighting back (exec) 21 March 2012

Can frequent calls to one specfic number at odd hours enough

Dear members,

i have a query regarding phone call records being present in the court as evidence to prove adultery by the opposite party. in my case i frequently talk to a lady friend of mine after my work timings i.e. after 1 in the night. as i have time only after one in the night to speak to anyone for that matter, as during working hours it is not permitted to use the phone as per company norms. my wife suspects me of having an affair outside and she plans to use the call data records of my mobile phone to prove that i am having an affair outside marriage. which in reality is not the case, as i keep calling a number of friends in the night as we work in the night, though one number of my lady friend is used very frequently to be honest with you guys.

i have read in this forum, posted by a member, that as per section 13 of the HMA, adultery is not possible to prove only through call data records or sms's but actual comitting of adultery has be to proved to form the basis of claim of adultery. correct me if i am wrong here members. i would definitely like to have more information on this peice of query.

Thanking you and awaiting your kind reply

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6 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 21 March 2012

Phone call records are at best circumstantial evidence.

Don't loose sleep over it.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Alok Tholiya (self employed) 22 March 2012

Recordings, telephone data can be used as supporting evidence.

Adv. Chandrasekhar (Advocate) 22 March 2012

Under which subsection of Section 13 of HMA, having a talk by a boy with a girl on telephone in the middle of night every night on official matters or personal matters or other wise very, very personal matters, become matrimonial offence? If "A" boy talks "B" girl on telephone every night, how can "A"'s wife knows the contents of such matter?

I am not supporting extramarital relations or phone s*x. But, purely on legal terms I say that the above said act is not Matrimonial offence in HMA. The wife cannot bring this act as "cruelty" or "adultery". As there is no offence, there is no quetion of circumstantial evidence.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 23 March 2012

Rightly said, but the same records, if coupled with both of them being at a specific location where they were not supposed to be, can add weight to adultery case.

And God Help them if that tower is of a hotel and then you also get a bill/ pictures/ video from hotel security cam/

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com