Hi audioproof is valid if you can prove that it can't be tampered with "Admissibility of contemporaneous tape-record A contemporaneous tape-record is admissible under section 8 if (i) the conversation is relevant to the matters in issue; (ii) there is identification of the voice; (iii) the accuracy of the tape recorded conversation is proved by eliminating the possibility of erasing the tape record; R.M. Malkani v. State of Maharashtra, AIR 1973 SC 157." emails etc are valid legal document if identity of sender/account is clearly estabilished

The discussion of client and lawyer is not admissible as per Indian Evidence Act.

 

 

 

Regards,

 

Shonee Kapoor

If u can provide these information even though they may or may not be admissible as evidence...further proving the material will be another lengthy process...however what it may help u achieve is cast aspersions on the genuity of the complaint

If u can provide these information even though they may or may not be admissible as evidence...further proving the material will be another lengthy process...however what it may help u achieve is cast aspersions on the genuity of the complaint

Shonee ji is right. Try fighting AB on merits :)

Thank you all. Things are very limited for 498A accused. All we can do is always defending ourselves even when not wrong. All false cases.. 498A, 13A, 125 put up by them. When I tried to transfer money after disputes, Bank a/c closed and didn’t take any money from me. I didn’t want divorce because of love and had love marriage. But, now false 498, asking 40-50 Lakhs for the mutual settlement, filed Divorce case, Filed 125 also {I am currently deputed to USA for the work) and asking 1 Lakh per month. Received summon through my HR and again had to clarify. I don’t have that much money and other family responsibilities as well, now things have come till my work also. I have always done well for her and also my talks, mails, call details, bills, Bank details prove everything because I have all the conversations, emails, other documents. It’s like frustrating just because system is not following the right thing. But, what best can be done from here? I have read several topics in this forum and lots of people are in trouble. Shouni Ji & All, Is there any way to prove all these false things? Should I go to media and take their help because I have everything to prove whatever mention is wrong. Its harassment and very difficult to follow the things which are not correct..  

hello,

such commucination is known as professional commucination.

refer to section 126 and 129 of evidence act.

 

regards-

rahul.gogreen@gmail.com

498a_husband,

 

I can empathize with your situation. Things seem uphill. However, take one problem at a time and you can easily overcome all obstacles.

 

1. w.r.t. bail: When you say all family members got bail? Did you also get bail? If so, why did you not attend the proceedings? If you did not get any bail, you need to check whether there is any NBW against you? If there is, you need to go for recall of NBW and approach HC for stay on arrest, showing your bona-fide that you are willing to come and join the investigation. Though it would also depend upon the practise of the High Court. 498a war can not be fought by sitting in USA. Only the delay game can be played.

 

2. w.r.t. 125: It would depend whether the wife is working or not? Also, she may ask for anything, if you fight right, the maintenance payable would be on Purchase Power Parity. There are few HC judgments w.r.t. the same and you can dig the same in the judgment section of https://forum.498a.org/

 

3. w.r.t. Divorce: You can give PoA to someone to engage a lawyer and file a reply in the same. Don't let it go ex-parte, you would be left hanging with 498a on you for long.

 

When fight is inevitable, fight with all your might.

 

 

 

Experts:

498a and  Divorce:

What should the author fight for in this case? should he OPPOSE the divorce while fighting 498a?

Sooner or later after 498a, parties most likely separate.

There is no copybook formula for the same.

 

 

 

Regards,

 

Shonee Kapoor

The Indian Evidence Act,1872

 

39. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers

 

¹[39. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.—When any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which forms part of a book, or is contained in part of electronic record or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, electronic record, book or series of letters or papers as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made

I feel that there is no client-advocate relationship between your lawyer and her father or brother. So these conversations should not fall under the heading of attorney client discussions. As such you can make an attempt to use these recordings as evidence. But when they are clearly saying that they filed the case(s) just to get divorce, then why don't you give them the divorce?

 

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