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Can I request for call recordings of my husband in the court?
10-Dec-2023 (In Divorce Law)
Hi , My husband is having an affair with his ex girlfriend even after our marriage. I don’t have enough proofs to prove now. He has filed a threatening case on me. Can I put a case on him saying he is cheating on me and also in order to prove it can I request the court to get the recordings of his conversation with his ex girlfriend. Please assist me on the same.
Hi... you can file a necessary application before the court to summon his call details but in such cases also you will not get cal recordings but you may get calling and called number details and msg details.
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Adv. Rama Chandra Shenoy
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Can call records be obtained in divorce case?
In general, courts allow the phone or call recordings to be used as evidence if they meet certain criteria, such as identification, relevance, etc.
What are the evidence required to prove adultery in India?
The Adultery can be proven by the following evidences, among others: Circumstantial Proof where the spouse and the adulterer have spent time in closed quarters. Non-access to the spouse (wife) after she has given birth or been pregnant. Spouse contractsing venereal diseases.
How do you prove adultery in a maintenance case?
Section 125(4) of the Code of Criminal Procedure 1973 states that living in Adultery means a continual course of adulterous behavior. A few instances of deviation from virtue are not enough to deny wife maintenance. The husband must prove that the wife is living in an adulterous relationship.
Can spouse's right to privacy be breached to prove adultery allegations?
Privacy is the cornerstone for trust, intimacy and emotional security in a marriage. Breaching privacy can undermine trust, harm emotional wellbeing, and strain relationships. The court may set a dangerous precedent if it allows an unrestricted invasion to privacy in order to prove adultery.
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