How much weightage given for bad words recording clips

Vulgar language alone cannot be considered as cruelty for the purpose of divorce

 

recording of abusive Language is used as an evidence in domestic violence case as well as in the divorce case but it have to prove that it cannot be obtained by provoked the other party.

Dear Shri. laxmi kant Joshi sir,

Provoked by other party means, the Record having person has to talk calmly/not creating angry to other person.

In that situation also the other Person using abusive language , it  can be taken as Evidence.

Sir Kindly clarify me If My Understanding is Right or Wrong?

Many Thanks,

Best Regards,

Shankar.

SANKAR.. 

few things that are considered for a audio recording..of abuse....

- The entire conversation - if the person is provoked to do this....  hence if the audio is an incomplete one, u may say....it has been edited and earlier she was abusing me which has been cut. 

- Time -  how old is the clip ? cannt be proven by the audio.... so u can play around with that fact too...

- To whom - if incase....in that..clip... u are not taking any name.... say...u were abusing someone else....and not her.....  make a boy / girl stand for u..who can say...u were abusing him / her... !!  

- was it actually you - there are hundred people who can mimic amitabh bachcan.... similarly, your voice can be copied... stick to this that it isnt you... the procedure of proving the actual voice is a long one...and am sure....you will find a way out thr... 

- the audio recording presented in the court shud be with a transcriptt and in the original recording device... ensure your advocate fights for it... if the audio is presented in a cd / dvd.  say, it is edited and morphed in a studio...etc etc.... 

 

I am not a lawyer...so......best advices would be given by experts on this forum.........

The recordings can be given as evidence in court. However, as pointed out above, there are 3 issues that need to be sorted out:

1. The genuineness of the recording - you need to prove that the recording is indeed of the persons who you claim said those words, and that there has been no mimicry or digital editing.
2. The completeness of the recording - that the recording presents a full, factual and true account of the conversation, and that there has been no selective recording or cutting out of relevant portions.
3. The significance and circumstances of the recording - what was the situation when the recording took place, and whether there was any aggravating circumstance, which could have caused the fight.

Only after the above issues are settled will the substance of the recording be considered as evidence. The actual words used and whether they are offensive or vulgar will be decided by the court. It will be corroborating evidence to prove cruelty but cannot be the sole evidence.

Dear Sir, @ rising up again

Thank you for your Valuable and Kind information sir...

You have suggested more Probabilites to me ... it seems me to giving a Great confidence to tackle the situation accordingly.

 

Many thanks,

Best Regards,

shankar.

Dear Suneet Gupta sir,

Thank you for your Valuable information  and Precious time.

Many thanks,

Best Regards,

Shankar.

Thank you very much. There are so many things to know about court procedures and rules. Is there any good ebook or pdf which can help a layman understand all this?

READ INDIAN EVIDENCE ACT, SPECIALLY SECTION 65B

The bad words or any other derogatory or discriminating language recorded can be used as a secondary evidence but they are to be produced in its original form before the court to authenticate the evidence.