Divorce

PROOF FOR TAKING DIVORCE

I am married for 5 years under Hindu rites. My wife is very abusive since day 1 with me and my family members. This has caused regular arguments in my house. When things get out of hand, she threatens me with lodging false complaint for domestic violence and harassment for dowry. She also warns me for implicating my parents, sisters and their husbands also into it. She is spreading news among the other families of our society that we have been harassing her, so that she can build her case if things go to court. Once she left me for about 1 month and stayed at her parents’ house. Her parents forced her to come back and stay with me. I some audio recordings in which my wife is badly abusing me and my family members and saying very bad things about character and conduct and threatening to file false causes in court and put us in jail if I tell her anything she does not want to hear. Presently we are staying together without any physical relationship. My question is can I use the audio recordings as proof to take divorce from her?

Expert Advice


Section 65A of the Indian Evidence Act, 1872 permits contents of electronic records to be presented as evidence. "Electronic record" includes sound stored, received or sent in an electronic form. So, on the face of things, the recording can be used as evidence. However, practically, the recording can be challenged as being fabricated or edited to suit your convenience. It is your responsibility to prove that the recorded statement is accurate. This is especially so in a case where the statement is recorded without the consent of the speaker. I suggest you meet a lawyer for a detailed consultation before deciding on further course of action.

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The audio proofs gathered by you and their use by you in a court of law are a grey area as there is the whole issue of breach of privacy. However, if the recordings are in original form and if you can prove that they haven’t been tampered with, the recordings can play a significant role in pushing things in your favour. You can also have a copy of the recordings certified by an expert.

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