In general, audio/video recordings are allowed as evidence in court proceedings - whether civil/family/criminal. Can a secretly taken audio recording between spouse and another person be allowed as evidence in Family Court proceeding like Divorce/RCR/CrPC 125/Maintenance etc? Legality, Privacy concerns regarding audio recordings as evidence 1. What about legality of Evidence obtained illegally or unethically? 2. What about violation of privacy? Can constitutional provisions be invoked? 3. Can such audio recording be allowed in a Family Court proceeding like Divorce/RCR etc? Delhi HC judgment answers such questions in Deepti Kapur vs Kunal Julka To download PDF judgment with important highlights, click below: … [Read more...] about Delhi HC Judgment – Secretly taken Audio Recording Allowed As Evidence in Family Court
Audio recording between husband and wife is admissible evidence – Mumbai HC, 2011
Many a time there is doubt raised by people about value of having an audio recording which goes on the lines of: “My lawyer says that audio recording….<add here something to effect of not good, not useful, not admissible etc etc.>” That audio recordings are not admissible or good evidence are just lazy excuses or convenient myths which are spread to steer husbands towards the C-word (read other posts on this site to know the meaning of C-word). And what’s surprising is this: sometimes the same people would be fearful that wife or in-laws may have recorded something of their conversation which will show them in bad light. So when husband records something, it can’t be useful, but one must be scared of wife’s recording! Can anyone see the logic here except the logic of … [Read more...] about Audio recording between husband and wife is admissible evidence – Mumbai HC, 2011
Is there any law which supports men?
Recently someone sent email via our NGO website and upon my reply to his email giving some basic advice and further suggestion to join our groups, he replied back asking with a profound question, which triggered the need for writing this article. His full email had only one sentence: “ok thank u but is there no law which supports men can police help”. As an aside, I am unable to understand why do some people (though it has come down a lot) reply to my email asking a further question ignoring the standard large sized red coloured matter at the end of my every email: “I will not reply to personal emails for advice in future. Guidance is given only inside groups.”? My guess is that many a man facing cases from their wives, somehow feel entitled to ignore such ‘minor’ inconvenient … [Read more...] about Is there any law which supports men?
How to handle false cases from wife who has a boyfriend
In case you face threats or actual legal cases like DV, CrPC 125, 498A, 406 from your wife who also has a boyfriend, the situation can be turned to an advantage, of course only if one is able to get over the shock of the whole fraud which has been perpetrated, and assess things from thereon. The context of this post refers to those marriages where the wife starts to show erratic behaviour etc right in beginning of married life (read Advice to men post for details). Many such women come from feminist/matriarchal families, and if not outright feminist family, then having been raised in an environment of independence and pampering probably. End result is same: their attitude towards men and relationship is nothing normal. What kind of evidence and clues she might have left? Such a … [Read more...] about How to handle false cases from wife who has a boyfriend
Rohtak sisters ‘molestation’ case: first media circus, and now investigation circus
According to latest news, a local Haryana court has allowed polygraph (lie-detector) test on both 3 boys accused of molestation and the accusers -- Rohtak sister duo. http://www.dnaindia.com/india/report-local-haryana-court-allows-polygraph-test-on-rohtak-sisters-2044217 Consent had been sought from the victims to conduct lie-detector test on them, to which they agreed, the victims' lawyer told reporters. He said SIT's investigating officer Manjeet Singh had sought the consent from the victims. Contrary to people’s opinion that such exercises will bring out the truth quickly into the open, it is an exercise in frustrating the easier and true course of investigation and justice: use information given by eye-witnesses. When there were eye-witnesses who said in front of cameras for … [Read more...] about Rohtak sisters ‘molestation’ case: first media circus, and now investigation circus
Newspaper report is not evidence unless corroborated
R.S.A. No. 1947 of 2006 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH R.S.A. No. 1947 of 2006 (O&M) Date of Decision : 30.5.2009 Niranjan Singh .......... Appellant Versus Smt. Kulwant Kaur & others. ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. D.S. Pheruman, Advocate for the appellant. Mr. Arun Abrol, Advocate for respondents No. 1 to 3. **** VINOD K. SHARMA, J. (ORAL) This regular second appeal is directed against the judgment and decree dated 16.11.2004, passed by the learned lower appellate Court vide which suit filed by the plaintiff / appellant seeking damages on the ground of defamation stands dismissed. The plaintiff / appellant brought a suit for recovery of a sum of Rs. 50,000/- as damages on the plea that a news item … [Read more...] about Newspaper report is not evidence unless corroborated