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Can we ask the court to preserve call data of my wife and third person
06-Jun-2026 (In Divorce Law)
My wife had relation with another person and I got one year call data of my wife and I asked for explanation and she filed a 498a case on me and my mother. Before chargesheet can I ask the court to preserve the data of the my wife and third person for future trial. Please suggest the sections.
Yes, if you can demonstrate that the Call Detail Records (CDRs) are relevant and necessary for your defence or for adjudication of connected matrimonial disputes, you may move an appropriate application before the competent court seeking preservation of electronic evidence before such data is deleted pursuant to retention policies. The court may, in appropriate cases, issue necessary directions for preservation or production of relevant records. However, mere call frequency by itself may not conclusively establish an illicit relationship and would ordinarily require corroborative evidence. Since electronic records are time-sensitive, any request for preservation should be made without undue delay through proper legal proceedings.
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Adv. Pavani Kumari
Guntur | 400+ Answers
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