In HMA,in the case of family court a wife has recorded some phone calls and also by her family members as a proof of domestic violence case to put in court so it is legal? or can she put this recording in court as attached by Delist format? How can she put this evidence of recording in family court? What are the rules about to put the evidence of call recordings.Kindly provide me guideline.

Under the Indian Evidence Act, 1872, a party can rely on audio recordings as evidence in court proceedings, provided certain conditions are met. The relevant section of the Evidence Act dealing with this is Section 65B.

Section 65B of the Evidence Act states that any electronic record, including audio recordings, must be accompanied by a certificate in a specified format to be accepted as evidence in court. The certificate must be signed by a person occupying a responsible official position in relation to the operation of the relevant device or the management of the relevant activities.

In the case of phone call recordings, the person who made the recordings or someone who is aware of the recording process may be required to provide the necessary certificate. The certificate should confirm the authenticity of the recording and meet the requirements of Section 65B. Without this certificate, the court may not admit the recording as evidence.

Therefore, if the wife wishes to submit the phone call recordings as evidence in a family court, she must first ensure that the recordings are accompanied by the necessary certificate as per Section 65B of the Evidence Act. This certificate authenticates the electronic record and makes it admissible in court.

It is advisable to consult with a lawyer who is well-versed in evidence law and family law to properly guide the process of submitting the recordings as evidence in the family court proceedings.