Husband's claim of an extramarital affair through electronic evidence: HC Orders Woman to Give Voice Sample.
In a significant judgment supporting evidence-based matrimonial defence, the Aurangabad bench of the Bombay High Court has directed a woman to provide her voice sample for forensic verification in an ongoing domestic violence case — following her husband’s allegation of an extramarital relationship supported by audio recordings.
The case arose from a long-running domestic dispute where both parties, government school teachers, had accused each other of misconduct. The husband submitted electronic evidence (a memory card and compact disc) allegedly containing recorded conversations between his wife and another man. These were accompanied by a forensic report, transcript, and certification under Section 65B of the Indian Evidence Act.
While the Magistrate had initially rejected the request for a voice sample, the High Court reversed that decision.
Justice Shailesh P. Brahme held:
“In domestic violence proceedings, which are quasi-civil in nature, parties are not accused in the traditional criminal sense. Hence, the constitutional bar under Article 20(3) does not apply.”
This ruling reinforces that men are not defenseless when accused and can use legally admissible tools — like voice samples — to establish the truth.
(Complete Judgement PDF on my linkedin)
@venom1s Just like some men should stay back at home and they shouldn't be out in public. I agree that loyal people are a little hard to find these days but that doesn't mean all are the same. Loyal women stay loyal no matter wherever they go and vice versa.
Even if the husband can get the marriage declared void, wife can still get permanent alimony as well as interim maintenance.
Very disheartening judgement by a 3 judge bench of the Hon’ble Supreme Court.
Of course, the Court has clarified that alimony and interim maintenance is discretionary relief.
But this still opens floodgates for wife even in annulled marriage to claim alimony.
This means filing divorce or RCR, or even annulment is now completely useless.
The only effective remedy available for a tortured husband and his family is to avail of their civil and criminal remedies in law.
Complete pdf on my linkedin profile
I have consulted about 3000 Indians for their matrimonial disputes.
Here are some lessons the courts, judgments and textbooks will not teach you:
1. Men are as much victims of domestic violence as women.
But no one wants to hear that. Every time a man tries to talk to the police, his family, even a therapist, he is asked what he did to 'instigate' his wife. I have not seen anyone dare ask the same question to a wife. Domestic abuse of men is also trivialised.
2. Process is punishment. This is doubly true for matrimonial disputes. Wives have a hard time getting a maintenance order. Husbands have a hard time getting visitation rights and defeating frivolous allegations.
3. All the stakeholders work on their own incentives. Lawyers want to make money. Police want to make money and not get fired. Judges want to not look bad.
4. Husbands are told that they cannot file any cases on wife or her family. That they can only file for divorce or restitution of conjugal rights.
In fact, the husband and his relatives can also avail of their civil and criminal remedies against the wife and her relatives.
5. India is not the worst country for husbands. As bad as it is here, this is a global phenomenon. The degree of severity varies. Hundreds of NRIs and Indian origin foreigners have narrated how the system in their country of residence was unfair.