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Call records can be taken of the opposite party if required?


03-Jun-2023 (In Divorce Law)
Can the call records of the opposite party be taken by police if required by court?
Answers (3)

Answer #1
945 votes
Dear client,

Greetings for the day

Call recording in rare cases can act as a primary evidence when primary evidence not available.

But electronic evidence usually not acceptable in court.

Any legal assistance feel free to call me

Regards
Ferosha
Advocate.

Answer #2
623 votes
In recent cases, various courts have given their approval to voice recording as an admissible evidence. Court have given their assent on admissibility as an evidence to conversations recorded on phone using a call recording app or a sound recording app provided certain conditions are fulfilled
Answer #3
694 votes
Call recordings as in caller details, duration, and cell tower can be taken via CDR (Call Data Record), which can be provided by the network service provider upon a production of FIR or upon a court order asking the Network Service provider to provide such information.

in Divorce cases, the chances of court to order such CDR requests is quite bleak. Especially after the apex court ruled against applicability of Adultery not being a criminal act, buy just a ground for divorce.

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.

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