Partition

3 years ago

The husband is trying to prove the wife in an adultery case by the evidence of the phone call records. Wife has filed the partition suit as he is not paying the maintenance and not interested in sharing his property and has.for.married to another woman and.is.telling that he will pass on all his property and earnings to the second wife.
Can the court admits the phone call records as the evidence of the adultery. The call records when heard confirms to having the wife committed the adultery and was physical with the other partner.

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Rajinder Pal Singh

Responded 3 years ago

A.Law with respect to admission, prove and disapprove of audio voice and telephonic record in so far as matrimonial law is concerned, is very intricate and complex. Dont worry. He can not have edge in litigation in view of judgments in this respect.

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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
Yes, the call records may be admitted as evidence. However, the husband still has to pay interim maintenance until the wife's guilt can be proved in Court.
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Anik

Responded 3 years ago

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A.Hi,
Yes, the call records may be admitted as evidence, but the husband will still be liable to pay maintenance until it can be proved that the wife was adulterous.
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Pradeep Naik

Responded 3 years ago

A.To what extent the recordings could be used against wife can be said only after hearing the recordings. But yes the court may take the recordings in evidence. If the husband is Hindu abd has married to another woman during the subsistence of former marriage than the former wife may file a criminal complaint in court fir bigamy. If the property is self acquired property of the husband, the wife can't demand share in it, she is only entitled for maintenance or permanent alimony (in case of Divorce).

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Pradeep Naik

Replied 3 years ago

*and has married....

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