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
The Protection of Women from Domestic Violence Act, 2005, or PWDVA, 2005 or DV Act in short, is very clear on one point. It is only for protection of women (practically speaking only wives use it) in a household. The name of the act itself makes it very clear. Update 28/04/2017: This order has been withdrawn, see end of post for screenshot from Karnataka HC website. Then this High Court of Karnataka judgment (text below) comes along, which seems to redefine the whole DV Act itself, by suggesting that a complaint filed by husband on wives and in-laws should be considered. And it refers to this Supreme Court judgment (Harsora vs Harsora) which changed definition of DV Act to allow for respondent to be both male or female. Following is the excerpt from Karnataka HC judgment which … [Read more...] about Does Karnataka HC judgment allows for DV complaints on wives by husbands?
Thanks to a reader, we have this judgment of Patna High Court on topic of arrest and anticipatory bail. Even though the Supreme Court’s Arnesh Kumar vs State of Bihar & Anr. judgment has been in operation since July 2014, which clearly says that departmental action can be initiated against magistrates if they routinely grant accused to be placed in custody for offences with punishment less than 7 years; it seems that judgment has had no effect in state of Bihar so far. Because in this case, the Patna HC has acknowledged the “very disturbing state of practice prevailing in the subordinate judiciary on the subject of granting of bail in a complaint case involving non-bailable offence inasmuch as when an accused appears in such a case, pursuant to even summon issued against … [Read more...] about Patna HC acknowledges bail scam in IPC 498A, grants anticipatory bail under CrPC 438 to husband
Thanks to a reader, we have this interesting judgment on topic of arrest and bail; and it highlights the rot that has become India, and the rot and zombie-hood exists in all branches of official life: be it executive (police department), or judiciary. So the usual Indian trick of pointing finger at another department will not work in this case. Citizens are not above blame either, because they seem to firmly believe that the rot exists in government, and it can’t be fixed; so all their energy is spent on finding shortcuts and escape techniques, rather than improving the system. Gist of the the judgment is this: Police complaint filed against husband and family members in IPC 498A, 406, 420, Dowry Prohibition (Sections 3 and 4) case. My guess is either summons are issued by … [Read more...] about In 498A/406 case, Jharkhand HC rejects lower court’s NBW, and CrPC 82 proclamation for absconding persons
Thanks to a reader, we have this very recent judgment of Madhya Pradesh High Court which denied maintenance to wife under CrPC 125 on her appeal to HC since the court agreed with trial court’s observations that according to evidence led by husband and also wife’s own admissions, it was the wife who was not staying with him out of her own freewill. The judgment is actually not very significant, since both evidence by way of letters of husband and wife’s own admissions proved that there was no maltreatment, and in practical cases such evidence, and wife’s own admissions are very rarely seen. Also the wife didn’t appear in HC at all for her own appeal. If any husband is lucky enough to have this kind of evidence (and a wife who admits in court to her faults ) , of course … [Read more...] about MP HC denies maintenance to wife on her CrPC 125 appeal
Short summary: To prove his wife is working and not entitled to maintenance, a Gujarat man gives video evidence of wife working in a firm, the firm owner refuses to identify that woman, court denies man’s request to get account books of firm to confirm salary being paid to wife, and HC overturns trial court order to allow producing the account books. Man does sting on wife to establish her income To prove his wife's employment, Rajesh called the firm's owner as a witness, who said that Meena was not working in his firm. Rajesh produced a video recording in the courtroom, showing a woman working in this office. However, the employer refused to identify the woman. On this, the husband asked for account books to confirm if his firm paid a salary to Meena. The court didn't allow the call for … [Read more...] about Gujarat HC allows examining account books of wife’s employer in maintenance case