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Can call recordings of wife by a spy software used in court?
23-Jan-2023 (In Divorce Law)
Can call recordings of wife by a spy software can be used in court of law as evidence in divorce case if she is involved in adultery.
Yes digital evidence may be produced in court. It should be accompanied by an affidavit under Section 65B of the Indian Evidence Act. The requirements given under that provision will need to be complied with. Then record may have to be sent to one of the FSLs (Forensic Science Laboratories) to authenticate the evidence. FSL testing is a time consuming process however the evidence that you have gathered can be used provided you comply with Section 65B. Feel free to get in touch if we could be of any further assistance to you.
103+
Adv. Sudershani Ray
Delhi | 200+ Answers
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Ans :- Indian law is very clear with reference to the divorce under section 13 (1) of Hindu Marriage Act, 1955 in which Adultery is one of the ground for divorce.
In the year 2000, new IT Act came in existence in India in which it stipulates that recording in the form of CD/ pendrive/ floppy/ cassette should be used as evidence on the time of divorce and in Indian Evidence Act it has been portrayed therein that electronic record may be one the evidence against other..
As per my opinion, you can use electric record in the time of filing the case of divorce but we should very carefully to use the electric records otherwise opposite party can take benefit from that.
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Adv. Anil Kumar Singh
Ranchi | 500+ Answers
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