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How to proof digital evidances are genuine or not.?
02-Nov-2024 (In Divorce Law)
I recently discovered that my wife was in communication with a former school friend, and I found evidence of this through WhatsApp messages and audio recordings. After confronting her, we discussed it and agreed to stay together for the sake of our child. She has also promised to end this inappropriate relationship immediately. I have kept screenshots and audio recordings as evidence and shared them with her parents. However, they have dismissed this evidence, claiming that I created these proof
I understand your situation. I understand that you have collected evidence against your wife mainly as watsapp and audio records. Now you need to prove those evidence with her parents. It is quite natural that parents will be always on the side of their child even if she is at fault. More over your wife would have anticipated your actions and made some concorted stories and informed her patents accordingly, and being their child they would have believed her blindly. Now if you have to get evidentiary value to your evidence in court , we need the device from where the evidence is derived under sec 65 B of evidence act and sec 63 of BSA. In your case the device is your wife's phone. In order to do that you may gift your wife a new phone and get your wifes phone with her free will from her. Even if she has already deleted those messages, it could be retrieved. Make evidences to prove that at the time of the said incidents the phone was with her custody. Now I have a question to you. Does the communication with her school friend contains any sexual or romantic contents? If you already warned your wife then why you need to prove it to her parents? for any other details contact me.
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Adv. Sreejith T. V.
Ernakulam | 50+ Answers
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