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Author Topic: seeking guidance on suing wife and family basis audio/visual proofs  (Read 514 times)

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Offline yogeshgodara

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how much does Indian courts give their decisions basis audio call recordings and hidden video recording as proof against the bride's mother who is pressurizing basis that she will file a false case against the groom or else pay a BIG amount to her after which she will file the case of divorce as normally mutually agreed Divorce.

Offline rajgopal sripathi

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Re: seeking guidance on suing wife and family basis audio/visual proofs
« Reply #1 on: June 27, 2016, 08:39:05 AM »
Hi
Subsequent to introduction of Information Technology Act and also amendment of Indian Evidence Act in the year 2000, Courts have been accepting the contents of Electronic records as evidence.

With the amendment to the Indian Evidence Act in 2000, contents of electronic records may be admitted as evidence. The computer generated electronic records in evidence are admissible at a trial if proved .Sub-section (1) of S.65B makes admissible as a document, paper print out of electronic records stored in optical or magnetic media produced by a computer, subject to the fulfilment of the conditions specified in sub-section (2) of S.65B. Secondary evidence of contents of document can also be led under S.65 of the Evidence Act

The following judgment of Supreme court is hereby enclosed for your perusal for you to understand how the courts have evolved in admission of electronic evidence

1) The Supreme Court in the case of Ziyauddin Burhanuddin Bukhari v. Brijmohan Ramdas Mehra and others, 1976 (2) SCC 17 : (AIR 1975 SC 1788) has as under:
". We think that the High Court was quite right in holding that the tape - records of speeches were "documents", as defined by S.3 of the Evidence Act, which stood on no different footing than photographs, and that they were admissible in evidence on satisfying the following conditions:

2) In Anvar v. P. K. Basheer dated 18 September, 2014, the Supreme Court noted that “there is a revolution in the way that evidence is produced before the court”.

Section 65A of the Evidence Act is for electronic records just as section 61 does is for documentary evidence. A procedure, distinct from the one for oral evidence is formulated , to ensure electronic records obeys the hearsay rule. section 65A is a special law that stands apart from the documentary evidence procedure in sections 63 and 65.

Any probative information stored or transmitted in digital form is digital evidence or electronic evidence. Before accepting digital evidence, its relevancy, veracity and authenticity and whether the fact is hearsay or a copy is preferred to the original is to be ascertained by the court.

Digital Evidence is “information of probative value that is stored or transmitted in binary form”. Evidence is not only limited to that found on computers but may also extend to include evidence on digital devices such as telecommunication or electronic multimedia devices
(a) The voice of the person alleged to be speaking must be duly identified by the maker of the record or by others who know it.
(b) Accuracy of what was actually recorded had to be proved by the maker of the record and satisfactory evidence, direct or circumstantial, had to be there so as to rule out possibilities of tampering with the record.
(c) The subject - matter recorded had to be shown to be relevant according to rules of relevancy found in the Evidence Act."

Hope this helps.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Online advjaibansal

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Re: seeking guidance on suing wife and family basis audio/visual proofs
« Reply #2 on: June 28, 2016, 04:26:24 AM »
Dear Mr. Yogesh,

If you have these recordings, where wife or her parents are asking to pay the amount and if not paid they will file the criminal cases. In such circumstances, you may file a criminal case for extortion against the wife and his parents. There are cases where FIR are registered against them or else you may pursue your private complaint in the court.

These recordings are admissible in the court as per the amendments made in the Indian evidence act. Please tell your lawyer to use Section 65B of Indian Evidence ACt to prove these recordings as per the procedure laid down.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline yogeshgodara

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Re: seeking guidance on suing wife and family basis audio/visual proofs
« Reply #3 on: June 28, 2016, 01:36:58 PM »
respected rajgopal sripathi & jaibansal ji

today i visited an old experienced lawyer and explained my whole situation to him. To my surprise he told me that even after having all the evidences in digital format (i.e. audio/visual recordings) i can not put up any case on the wife/her mother where as on the evidence basis and also in reality i am only victim of my wife's mother. How, from the very first day of my marriage till the last day (i.e. 20 day of my marriage) she only created situation for me and always threatened my with the saying that " either you agree to this or i will not send my daughter with you, and this marriage is over" for almost 1.5 months now my wife is not with me, in starting she tried to convince her mother that her mother is only doing things to destroy our marriage, but as of now even she has stopped trying and above all my wife has also started to take favor of her own mother's conditions. I have audio recordings to prove even that also, that my wife also was trying her level best to convince her mother for not interfering in our married life. Now, her mother threatens me that she will make my life miserable by making too many false allegations on me/my family.

As suggested by the lawyer i can't even register a case against them in any situation. The only thing i can do is approach the local police station and register a complaint saying my wife and her mother are threatening me for a false case, as per lawyer that will serve as an evidence that they wanted to put up a false case but other than this as being a MALE i have NO law to protect my well being or nothing to support my true case. He told me i can only ask court that i want my wife to come back and stay with me, but if she comes now and does something wrong or puts up a false allegation on my family, there is nothing to protect us from it.

I know law favors FEMALES but there should be something that should protect a MALE also. If after having so many proofs also I still can't prove that my wife's mother and now my wife also are the reason of this bad condition of my married life and seek justice then in no condition can a MALE with just verbal explanations prove his innocence.

The Lawyer also pointed that the female can ask for maintenance no matter who was responsible for the ending of marital relation and no matter how many proofs i have to prove that I am and I was since starting trying to convince my Wife's mother to let us live our married life peacefully. The maintenance starts well before the case comes to hearings or evidences and to make his point clear he said, even if i prove they were responsible i won't get anything back in refund. Money once gone is gone. This way if a female just marries a male for only one day who is rich and having a good income and then ends up the marriage, she will still get maintenance, that is the easiest way to start earning big salary/money which came hassle free and BECHARA male even without experiencing what a married life is liable to pay her money even if he wanted by all means to make the marriage work but she didn't or her family didn't let her to.

At last my question is after having all the proofs if I still have to suffer because the proofs are useless and my wife or her mother can make me suffer even after I have all the evidences against them. What is JUSTICE and what is LAW.

Please advice me, up till today's evening i was feeling like i would make them pay for what they did to me, but know i feel like i have nothing in my favor to even safegaurd me or my family.

Online advjaibansal

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Re: seeking guidance on suing wife and family basis audio/visual proofs
« Reply #4 on: June 29, 2016, 12:07:06 AM »
Dear Sir,

As you have already taken advise. We can only form an opinion after listening to the audio recording whether any case is made out or not.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline adv.amarnath

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Re: seeking guidance on suing wife and family basis audio/visual proofs
« Reply #5 on: July 04, 2016, 10:44:10 AM »
I think you have been over loaded with legal advises and confused yourself with the options available to you. I am giving you a simple solution without going into complications. First you file a general diary against your wife and her parents surreptitiously and then file a divorce case under the ground of cruelty before your wife takes any actions against you. Once divorce case is being filed then no other case will be strong if filed by your wife. but please be alert that if your file a divorce case then your wife may file a case for maintenance case if she is jobless. At a same time if she is being found guilty then maintenance case will be dismissed suo moto.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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