Amit
in Family Law
Asked April 15, 2016

divorce: False claim by the wife

  • 1 Answer
  • 261 Views

I want to advise for divorce I got married in march 2011 and since 3 years we have been saprated to each other last year imn march i have applied for divorce in family court bihar becoz of charactor issue and misbehaviour by her me and court has noticed her about to come in court bt she and her family never came in court ..and i got the ex party while crossing the 2nd evidiance she and her family came in court and blamed for dowery, mentally and tourture court has decided to take a written statement on this end of month by her and family.. I have some proof like call details..and some written statement by her which has mention a confess ..to abt cheating after marriage..and also have some voice record while i tried out a lot of time to bring her back in my life bt she refused ..now i want to divorce and how i go in my favour plz give me some advise

Answer 1

Answer framed by Anina D'Cunha, Lawfarm Researcher:   You can file for contested divorce under Section 13 of the Hindu Marriage Act, 1955 citing the grounds of adultery (Section 13(1)(i)) and that as a couple, you have failed to resume co-habitation after a period of two years or more after your separation (Section 13(1)( viii). As an aggrieved party, you will have to file a case based on these grounds in the City Civil Court or District Court. You will need to prove the case with support of evidence. According to Section 3 of the Indian Evidence Act, evidence includes all documents, including electronic records, produced for the inspection of the Court. The Court has held[1] that audio or audio-visual technology could also be treated as admissible evidence in a court of law under Order 18 Rule 4 of the Civil Procedure Code. The Supreme Court has laid down the following conditions for the admissibility of tape recorded conversation[2]: a) The voice of the speaker must be duly identified by the maker of the record or by others who recognize his voice. If the maker has denied the voice, it will require very strict proof to determine whether or not it was really the voice of the speaker. b) The accuracy of the tape recorded statement has to be proved by the maker of the record by satisfactory evidence. c) Every possibility of tempering with or erasure of a part of a tape recorded statement must be ruled out otherwise it could be held inadmissible. d) The statement must be relevant according to the rules of Evidence Act. e) The recorded cassette must be carefully sealed and kept in safe or official custody. f) The voice of the speaker should be clearly audible and not lost or distorted by other sounds or disturbance.         [1] Salem Advocate Bar Association v. Union of India AIR 2003 SC 189, [2] Ram Singh v. Col. Ram Singh AIR 1986 SC 3
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