Husband has audio recordings of wife to prove that she is in an adulterous relation with someone.

Response

Adultery falls under Section 13(1)(i) of the Hindu Marriage Act, 1955. It is important to know as to how did you get the audio recordings. However, such recordings have been made admissable in the past by Courts with certain conditions such as the recording must be authentic and recognisable and must not be altered and the conversation must be relevant to the facts of the case only. However, the Supreme Court in the case of Mahabir Parsad v. Surinder Kaur has made it clear that such audio recordings must be used as corroborative evidence and other solid and concrete evidence must be available.

It is important to note that once the recording of conversation is produced in Court, the wife may oppose that it was a private conversation and is a violation of right to her privacy, thus it is important to know whether a recorder was planted or the audio conversation was received through a third party source.

In either case, the audio recording may not be conclusive evidences and it is better to have further evidences along with the audio recordings. Other evidences such as call records, speaking on the phone at odd hours, some photographs or hotel bills along with supporting evidence of audio recording will strengthen the case.

Electronic records are admissible as per Section 65A and 65B of the Indian Evidence Act, 1872. Due to these provisions, call recordings are admissible in a court of law.

Also, certificate of Section 65B under Indian evidence Act, 1872 will be required.

Reference: Section 13(1)(i) of the Hindu Marriage Act, 1955

Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party—
[(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse.

(ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty.
Section 65B
Indian Evidence Act, 1872

Mahabir Prasad v. Surinder Kaur

202100250-20210041-6793

LAWAYZ-2023-687