Spy call recording of wife phone. Can i use it as defense in 498 case?
My wife is having an affair, I have recorded her conversation through spy call recorder. they are talking since months. She also get guidance form her mother that how to behave with me and with the other guy. She also guide her for filing 498A. Q1. Can I use those spy call recordings for filing divorce or Adultery. Q2. Does recording calls of wife, without her knowledge comes under cyber crime. Even if wife is in wrong doings. Q3. Can I use those call recordings in defense if she files 498A/DV/CRPC 125 etc.
Assumin you are Hindus,
As per section 13(1) of the Hindu marriage act, adultery is a ground for divorce.
So yes, you can file divorce on the gounds of adultery by using those spy call recordings.
Recording wife calls is not a crime if husband suspects wife of infidelity.
These recordings can also be used as defence in any flase case that she files against you.
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Q1. Ans. you can file divorce & adultery case by using those spy call recordings.
Q2. Ans. No call recording of wife without her knowledge does not come under cyber crime.
Q3. Ans. Yes you can use those call recordings as your defense if she filed 498A/DV/CR.P.C 125 etc.
Advocate Jagadish NAdugodi, Bangalore
Go ahead and use the recordings you have and file a case for divorce on grounds of adultery. By doing this your wife might file a criminal case against you U/s 498A and Under the Domestic Violence acts, take anticipatory bail after you file for divorce. Recording wife calls is not a crime if husband suspects wife of infidelity.
Advocate Kiran N MurthyIndiranagar, Bangalore
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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