i need the mobile call records in one of the case of adultery & illicit relations of a women to be proved in court? how can i get as early as possible?

hi,
At the time of evidence u can call the nodal officer as witness with call details (they only have the call time duration of the mobiles)

but how u are going to prove more than that as in the case of adultery u have to put strict proofs that its has been committed?

Dear Friend,

I don't know the basics of your story, hence don't know whether the below would be applicable. Also, I don't know why you need call details of your wife. Merely proving that A talks to B even at odd hours does not mean that they share an adultrous relationship.

However it worked the following way in one particular case. Let me warn you beforehand, it may not work in your case, or may work with lot of variations in your case.

1. The hubby hired a private detective. Asked him to get the CDRs (Call Detail Records) pretaining to last 3-4 months for the mobile number of his wife and wife's paramour. The details thus gotten would have the details of call made from and to the mobile no. of her wife. Also the same CDRs would have the details of the tower used for making this call. That would give you the location of those calls made. (However, the same gotten in this manner is not admissible in court of law)

2. There was a large number of calls orginating and terminating at a particular area for both. He then asked the same detective to do recee in that area and lo, the detective was able to locate the particular building where the two used to spend a good time in. He was also able to photograph/ videograph them holding hands, pecking, kissing, smooching in car etc.

3. The Icing of the cake was that those two had travelled out of station for few days and the CDRs disclosed the area in which they stayed, the detective work brought out the records of one hotel, in which both had stayed in the same room. (An employee of the hotel was able to recognize the photographs etc.)

This person thus made out a case against the paramour for adultery and divorce for the wife.

In the court, he was prepared to summon records from the telecom company. The register of that hotel. The witness employee and photographs/ videographs.

However, I believe with such a mountain of evidence stacked against them, the wife compromised for mutual consented divroce.

I hope that the above story is of some help to you.

However, to answer your short query, I would say, it is legally not possible to get the records of any other mobile number apart from your own. The only way you can get it is by way of a court order.

Regards,

Shonee Kapoor

PS: Hiring a detective can be a double edged sword, so be careful. There have been instances where the small time detectives have colluded with the other party.

PPS: One should get the original media of the photographs/ videographs from the detective and keep them in safe custody.

Hi,

Mobile phone records or bank records of wife, how can they become admissible in the court ? They may always argue that the evidence was obtained illegally.

Won't this cause problems for you ?

If you read the above post of mine, I have stated that such record is not admissible. You have to call on record the same by applying in the court

How long the details of calls are kept in Mobile companies data base?

CDRs are to be maintained for 7 years as per law.

However, one can get the last six months records of his own phone without a court order.

Hi Shonee,



Is this same for both the prepaid and post paid connection?

Thanks & Regards,

Why don't you RTI the Telecom board (rs 10 ) ? Send your query and see what happens. Then ask forum for ideas to circumvent rules or regulatios or byelaws. Ask for how long records are kept ? ; If entire conversations are kept ? Ask anything you want !

Its obvious if no one else has tried it on forum when search yields no result.

There is no diffirence for maintenance of CDRs (Call Detail Records) of Prepaid, postpaid, mobile, landline etc. It is a statutory requirement.

Hi,

Can anyone provide me with Private Detectives contact details in Delhi? I can see number of those over the net but difficult to believe who is trustworthy.

Regards,
Pramendra

Many appeals failed at the CIC, New Delhi asking for call records under sec 8(1)(j) - Personal Info and not of public interest.

Those appeals are asking for BSNL records such that they can absolve themselves in dowry cases.

What you can do is first assign a simple task such as you want details of her operational bank account or her movements in a particular area or to report on her dress habits or general report of person. See what they will come up with. You will know on what detail they will come up with.

You can be candid and bargain with them -say if they get you evidence of adultery then this much or that much.If you feel good - give another task. And so on. Do not pay huge upfront for something you are not interested. Half now -half later on evidence. make sure you read IT act.

Thanks Hanuman, i think u've suggested a right procedure.

Hi All,

My friend is getting some threating calls from unknown number......

He mentioned to me that he is not sure, if that is done by some one with bad intension or is some old friend trying to have fun.

As we have the cell number of the caller.... Could some one help me how to get the name of the cell phone owner and his address in hyderabad.

If that is done with bad intension then what action my friend can take against that person.

Thanks & Regards,

Why are you trying to do the investigations yourself?

Why not report the matter to police immediately and let them do the investigation.

Shoneeji,

Since last time such calls came and the same was informed to police and they entered the same in the DD or something like that register and no action was taken i think.

Now he is getting calls from different cell numbers.

So, he want to be sure of who's number is that before taking it seriously and start writting complaint to higher officals.

Further who should he complaint apart from the PS so that the case is heared and given priority in case there is any high alert threat to life from such unknown callers?

Thanks & Regards,

Move court under 156(3)

Hi Shoneeji and other members of the forum,

As he is getting calls from different cell numbers.

Please let me know what all evidences he can gather that can be attached and put before the court under 156(3) in the above case.

Incase some one has filed the FIR or private complaint on the above ground, could you please forward the draft to my id at husband498a@yahoo.com

Thanks & Regards,

What is the problem?

No one needs any evidence to state the facts.

Also, is writing in English/ Telugu a complaint difficult and daunting?

Hi Shoneeji,

Sorry if my question asked is not logical or looks silly... as I am a lay man and not aware of the law how it functions.

When he approached the advocate to file a complaint 156(3) in court, the advocate mentioned that the complaint will not be admitted without any evidence attached to it... Incase if admitted also.. there will not be any investigation on the unknow person....


So.. I was confused as there is no evidence that he has that can be show to the court or PS.

So was seeking advice on the same...

Sorry once again if in ignorance I have hurt you.

Thanks & Regards,

comeon,

In such scenerio, if I was apprehending something, the police and judiciary would wait for something to happen to me.

Your lawyer is not guiding you properly is all I can say.

Hi everybody,

My case is in the charge framing stage (not happening due to one or the other reason).
There is one allegation in the FIR which says that on a particular date I was in my wife's hometown and demanded dowry. But actually on that particular date my wife along with me was in my hometown. Her cell phone was on roaming when she was in my hometown.

I want to get call details from her phone company stating how many calls were made and received from my wife's phone and through which cell tower (actually the tower information will reveal that she was in my hometown on that particular date).

1) Will such information help me in creating a doubt in the mind of judge in my case (later during trial)
2) How is it possible to get this information at present stage of the case
a) Can we put an application in court to direct the phone company to reveal call details. Will this be a good approach?
b) Is there a better way to get this information out?

Thanks

CrPC 91, get the records called in Court.

Can someone suggest if it is possible to get the records of past two and half years from the mobile phone company ?

Yes,

Only court can summon it.

Thanks Shonee.

i have to prove that my wife send sms to my senior officers regarding baseless accusations of dowry harrassment and torture, i need call details but they pertain to month of may, 2009, how can i get those call records as evidence ? should i go for RTI route, or court route, and CAN I GET THE CONTENT OF THOSE SMS?

Court Route only.

SMS contents are not stored on server. Only the number, time and location from where the sms is sent is stored.

then when i put the transscript of all the sms she had sent me in which she has abused me and the sms she had sent my seniors, how are they going to be admissible, is there any chance of admissibility of SMS as evidence in divorce cases?

By knowing that an sms was sent from her mobile at ur no. please keep the original handset intact and in proper custody.

which state r u in?
can we talk telephonically?
9258011122

m in UP. will call u for sure tonight.....thnx