Tuesday, August 31, 2010
Even a mutual consent divorce by family court can be set aside by HC if either party challenges
Even a mutual consent divorce by family court can be set aside by HC if either party challenges
HC-ExParte Divorce order not binding on Criminal Court
HC-ExParte Divorce order not binding on Criminal Court
http://498amisuse.wordpress.com/2010/08/31/hc-exparte-divorce-order-not-binding-on-criminal-court/
Monday, August 30, 2010
SC – Registration of Marriage
Bench: A Pasayat, S Kapadia , CASE NO.: Transfer Petition (civil) 291 of 2005
PETITIONER: Smt. Seema, RESPONDENT: Ashwani Kumar
DATE OF JUDGMENT: 14/02/2006
BENCH: ARIJIT PASAYAT & S.H. KAPADIA
JUDGMENT: J U D G M E N T : ARIJIT PASAYAT, J.
The origin of marriage amongst Aryans in India, as noted in Mayne's Hindu Law and Usage, as amongst other ancient peoples is a matter for the Science of anthropology. From the very commencement of the Rigvedic age, marriage was a well- established institution, and the Aryans ideal of marriage was very high.
The Convention on the Elimination of All Forms of Discrimination Against Women (in short 'CEDAW') was adopted in 1979 by the United Nations General Assembly. India was a signatory to the Convention on 30th July, 1980 and ratified on 9th July, 1993 with two Declaratory Statements and one Reservation. Article 16(2) of the Convention says "though India agreed on principle that compulsory registration of marriages is highly desirable, it was said as follows:
"'It is not practical in a vast country like India with its variety of customs, religions and level of literacy' and has expressed reservation to this very clause to make registration of marriage compulsory".
While a transfer petition was being heard it was noted with concern that in large number of cases some unscrupulous persons are denying the existence of marriage taking advantage of the situation that in most of the States there is no official record of the marriage. Notice was issued to various States and Union Territories and learned Solicitor General and Mr. Ranjit Kumar, learned senior counsel were requested to act as Amicus Curiae to assist the Court in laying down guidelines in the matter of registration of marriages. Without exception, all the States and the Union Territories indicated their stand to the effect that registration of marriages is highly desirable.
It has been pointed out that compulsory registration of marriages would be a step in the right direction for the prevention of child marriages still prevalent in many parts of the country. In the Constitution of India, 1950 (in short the 'Constitution') List III (the Concurrent List) of the Seventh Schedule provides in Entries 5 and 30 as follows:
"5. Marriage and divorce; infants and minors; adoption; wills, intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.
30. Vital statistics including registration of births and deaths."
It is to be noted that vital statistics including registration of deaths and births is covered by Entry 30. The registration of marriages would come within the ambit of the expression 'vital statistics'.
From the compilation of relevant legislations in respect of registration of marriages, it appears that there are four Statutes which provide for compulsory registration of marriages. They are: (1) The Bombay Registration of Marriages Act, 1953 (applicable to Maharashtra and Gujarat), (2) The Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976, (3) The Himachal Pradesh Registration of Marriages Act, 1996, and (4) The Andhra Pradesh Compulsory Registration of Marriages Act, 2002. In five States provisions appear to have been made for voluntary registration of Muslim marriages. These are Assam, Bihar, West Bengal, Orissa and Meghalaya. The "Assam Moslem Marriages and Divorce Registration Act, 1935," the "Orissa Muhammadan Marriages and Divorce Registration Act, 1949" and the "Bengal Muhammadan Marriages and Divorce Registration Act, 1876" are the relevant statutes. In Uttar Pradesh also it appears that the State Government has announced a policy providing for compulsory registration of marriages by the Panchayats and maintenance of its records relating to births and deaths. Under the Special Marriage Act, 1954 which applies to Indian citizens irrespective of religion each marriage is registered by the Marriage Officer specially appointed for the purpose. The registration of marriage is compulsory under the Indian Christian Marriage Act, 1872. Under the said Act, entries are made in the marriage register of the concerned Church soon after the marriage ceremony along with the signatures of bride and bridegroom, the officiating priest and the witnesses. The Parsi Marriage and Divorce Act, 1936 makes registration of marriages compulsory. Under Section 8 of the Hindu Marriage Act, 1955 (in short the 'Hindu Act') certain provisions exist for registration of marriages. However, it is left to the discretion of the contracting parties to either solemnize the marriage before the Sub-Registrar or register it after performing the marriage ceremony in conformity with the customary beliefs. However, the Act makes it clear that the validity of the marriage in no way will be affected by omission to make the entry in the register. In Goa, the Law of Marriages which is in force in the territories of Goa, Daman and Diu w.e.f. 26.11.1911 continues to be in force. Under Articles 45 to 47 of the Law of Marriages, registration of marriage is compulsory and the proof of marriage is ordinarily by production of Certificate of Marriage procured from the Register maintained by the Civil Registrar and issued by the concerned Civil Registrar appointed for the purpose by the Government. The procedural aspects about registration of marriages are contained in Articles 1075 to 1081 of the Portuguese (Civil) Code which is the common Civil Code in force in the State. It is pointed out in the affidavit filed on behalf of the respondent-State of Goa that the Hindu Act is not in force in the said State since it has not been extended to the State either by the Goa, Daman and Diu Laws Regulations, 1962 or by the Goa, Daman and Diu Laws No.2 Regulations, 1963 by which Central Acts have been extended to the State after the liberation of the State. Procedure for marriages is also provided in Code of Civil Registration (Portuguese) which is in force in the State. The Foreign Marriage Act, 1969 also provides for registration of marriages.
As noted above, the Hindu Act enables the State Government to make rules with regard to the registration of marriages. Under Sub-section (2) of Section 8 if the State Government is of the opinion that such registration should be compulsory it can so provide. In that event, the person contravening any rule made in this regard shall be punishable with fine.
In various States different marriage Acts are in operation e.g. in Jammu and Kashmir, Jammu and Kashmir Hindu Marriage Act, 1980 empowers the Government to make rules to provide that the parties (Hindus) shall have their particulars relating to marriages entered in such a manner as may be prescribed for facilitating proof of such marriages. Admittedly, no rules have been framed. As regards Muslims, Section 3 of the Jammu and Kashmir Muslim Marriages Registration Act, 1981 provides that marriage contracted between Muslims after the commencement of the Act shall be registered in the manner provided therein within 30 days from the date of conclusion of Nikah ceremony. However, the Act has not been enforced. So far as Christians are concerned, the Jammu and Kashmir Christian Marriage and Divorce Act, 1957 provides for registration of marriages in terms of Sections 26 and 37 for registration of marriages solemnized by Minister of Religion and marriages solemnized by, or in the presence of a Marriage Registrar respectively.
In exercise of powers conferred by Section 8 of the Hindu Act the State of U.P. has framed U.P. Hindu Marriage Registration Rules, 1973 which have been notified in 1973. In the affidavit filed by the State Government it is stated that the marriages are being registered after enactment of the Rules.
In Pondicherry, the Pondicherry Hindu Marriage (Registration) Rules, 1969 have come into force w.e.f. 7th April, 1969. All Sub-Registrars of Pondicherry have been appointed under Section 6 of the Indian Registration Act, 1908 (in short the 'Registration Act') as Marriage Registrars for the purposes of registering marriages. In the State of Haryana, the Haryana Hindu Marriage Registration Rules, 2001 under Section 8 of the Hindu Act have been notified. In the State of West Bengal, Hindu Marriage Registration Rules, 1958 have been notified.
From the affidavit filed on behalf of the State of Tripura, it appears that the said State has introduced rules called Tripura Hindu Marriage Registration Rules, 1957. It has also introduced Tripura Special Marriage Rules, 1989 under the Special Marriage Act, 1954. So far as the State of Karnataka is concerned, it appears that Registration of Hindu Marriages (Karnataka) Rules, 1966 have been framed. It further appears that Karnataka Marriages (Registration and Miscellaneous Provisions) Act, 1976 has been introduced. Section 3 of the Act requires compulsory registration of all marriages contracted in the State.
So far as the Union Territory of Chandigarh is concerned, Hindu Marriage Registration Rules, 1966 have been framed.
In the affidavit filed on behalf of the National Commission for Women (in short the 'National Commission') it has been indicated as follows:
"That the Commission is of the opinion that non-registration of marriages affects the most and hence has since its inception supported the proposal for legislation on compulsory registration of marriages. Such a law would be of critical importance to various women related issues such as:
(a) prevention of child marriages and to ensure minimum age of marriage.
(b) prevention of marriages without the consent of the parties.
(c) Check illegal bigamy/polygamy
(d) Enabling married women to claim their right to live in the matrimonial house,
maintenance, etc.
(e) Enabling widows to claim their inheritance rights and other benefits and privileges which they are entitled to after the death of their husband.
(f) Deterring men from deserting women after marriage.
(g) Deterring parents/guardians from selling daughters/young girls to any person including a foreigner, under the garb of marriage."
As noted supra, except four statutes applicable to States of Maharashtra, Gujarat, Karnataka, Himachal Pradesh and Andhra Pradesh registration of marriages is not compulsory in any of the other States.
As is evident from narration of facts though most of the States have framed rules regarding registration of marriages, registration of marriage is not compulsory in several States. If the record of marriage is kept, to a large extent, the dispute concerning solemnization of marriages between two persons is avoided. As rightly contended by the National Commission, in most cases non registration of marriages affects the women to a great measure. If the marriage is registered it also provides evidence of the marriage having taken place and would provide a rebuttable presumption of the marriage having taken place. Though, the registration itself cannot be a proof of valid marriage per se, and would not be the determinative factor regarding validity of a marriage, yet it has a great evidentiary value in the matters of custody of children, right of children born from the wedlock of the two persons whose marriage is registered and the age of parties to the marriage. That being so, it would be in the interest of the society if marriages are made compulsorily registrable. The legislative intent in enacting Section 8 of the Hindu Act is apparent from the use of the expression "for the purpose of facilitating the proof of Hindu Marriages".
As a natural consequence, the effect of non registration would be that the presumption which is available from registration of marriages would be denied to a person whose marriage is not registered.
Accordingly, we are of the view that marriages of all persons who are citizens of India belonging to various religions should be made compulsorily registrable in their respective States, where the marriage is solemnized.
Accordingly, we direct the States and the Central Government to take the following steps:
(i) The procedure for registration should be notified by respective States within three months from today. This can be done by amending the existing Rules, if any, or by framing new Rules. However, objections from members of the public shall be invited before bringing the said Rules into force. In this connection, due publicity shall be given by the States and the matter shall be kept open for objections for a period of one month from the date of advertisement inviting objections. On the expiry of the said period, the States shall issue appropriate notification bringing the Rules into force.
(ii) The officer appointed under the said Rules of the States shall be duly authorized to register the marriages. The age, marital status (unmarried, divorcee) shall be clearly stated. The consequence of non-registration of marriages or for filing false declaration shall also be provided for in the said Rules.
Needless to add that the object of the said Rules shall be to carry out the directions of this Court.
(iii) As and when the Central Government enacts a comprehensive statute, the same shall be placed before this Court for scrutiny.
(iv) Learned counsel for various States and Union Territories shall ensure that the directions given herein are carried out immediately.
The Registry is directed to handover a copy of this order to learned Solicitor General for necessary follow-up action. We record our appreciation for the valuable assistance rendered by Mr. G.E. Vahanvati, the Solicitor General and Mr. Ranjeet Kumar, senior advocate, who appeared as amicus curiae.
What is and How to use Electronic Evidence
What is and How to use Electronic Evidence
You can use under section 65(B)as a secondary evidence and in this you have no need to prove its original or not. After section 65, section 65A and 65B have been added laying down the provisions about Admissibility of electronic records.
Moreover, the concept of electronic evidence fails to identify the kinds of documentary evidence namely the primary and the secondary evidence as every electronic record is an original as well as in duplicate.
However, the provisions of section 65A and 65B help to overcome this complex situation.
The AMENDMENTS TO THE INDIAN EVIDENCE ACT, 1872 introduced this new section which states:- Admissibility of electronic records.
65B. (1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information
and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible.
(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely: —
(a) The computer output containing the information was produced by the computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer;
(b) During the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities;
(c) throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents;
and
(d) the information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of the said activities.
(3) Where over any period, the function of storing or processing information for the purposes of any activities regularly carried on over that period as mentioned in clause (a) ofsub-section (2) was regularly performed by computers, whether—
(a) by a combination of computers operating over that period; or
(b) by different computers operating in succession over that period; or
(c) by different combinations of computers operating in succession over that period; or
(d) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers, all the computers used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer; and references in this section to a computer shall be construed accordingly.
(4) In any proceedings where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say, —
(a) identifying the electronic record containing the statement and describing the manner in which it was produced;
(b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer;
(c) dealing with any of the matters to which the conditions mentioned in sub section (2) relate, and purporting to 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 (whichever is appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.
(5) For the purposes of this section, —
(a) information shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;
(b) whether in the course of activities carried on by any official, information is supplied with a view to its being stored or processed for the purposes of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities;
(c) a computer output shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment. Explanation.—For the purposes of this section any reference to information being derived from other information shall be a reference to its being derived therefrom bycalculation, comparison or any other process.
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The phenomenon of tendering tape recorded conversation before law courts as evidence, particularly in cases arising under the Prevention of Corruption Act, where such conversation is recorded by sending the complainant with a recording device to the person demanding or offering bribe has almost become a common practice now. In civil cases also parties may rely upon tape records of relevant conversation to support their version. In such cases the court has to face various questions regarding admissibility,
nature and evidentiary value of such a tape- recorded conversation. The Indian Evidence Act, prior to its being amended by the Information Technology Act, 2000, mainly dealt with evidence, which was in oral or documentary form. Nothing was there to point out about the admissibility, nature and evidentiary value of a conversation or statement recorded in an electro-magnetic device. Being confronted with the question of this nature and called upon to decide the same, the law courts in India as well as in England devised and developed principles so that such evidence, mat be received in law courts and acted upon.
The relationship between law and technology has not always been an easy one. However, the law has always yielded in favour
of technology whenever it was found necessary. The concern of the law courts regarding utility and admissibility of tape recorded conversation, from time to time found its manifestation in various pronouncement. In Hopes v. H.M. Advocate, 1960 Scots Law Times 264, the court while dealing with the question of admissibility of tape recorded conversation observed as under:
New techniques and new devises are the order of the day. I can’t conceive, for example, of the evidence of a ship’s captain as to what he observed being turned down as inadmissible because he had used a telescope, any more than the evidence of what an ordinary person sees with his eyes becomes incompetent because he was wearing spectacles. Of course, comments and criticism can be made, and no doubt will be made, on the audibility or the intelligibility, or perhaps the interpretation, of the results of the use of a scientific method; but that is another matter and that is a matter and that is a matter of value, not of competency.
An authoritative and categorical exposition this point is found in Rex v. Maqsud, 1965(2) All ER,461 wherein the Court of Criminal Appeal observed that the time has come when this court should state its views of the law matter which is likely to be increasingly raised as time passes. For many years now photographs have been admissible in evidence on proof that they are relevant to the issues in involved in the case and that the print as seen represents situations that have been reproduced by means of mechanical and chemical devices. Evidence of things seen through telescopes or binoculars which otherwise could not be picked up by the
naked eye have been admitted, and now there are devices for picking up, transmitting and recording conversations. In principle no difference can be made between a tape recording and a photograph. The court was of the view that it would wrong to deny to the law of evidence advantages to be gained by new techniques and devises.
In India, the earliest case in which issue of admissibility of tape-recorded conversation came for consideration is Rupchand v. Mahabir Prasad, AIR 1956 Punjab 173.
The court in this case though declined to treat tape-recorded conversation as writing within the meaning of section 3 (65) of the General Clauses Act but allowed the same to be used under section 155(3) of the Evidence Act as previous statement to shake the credit of witness. The Court held there is no rule of evidence, which prevents a party, who is endeavoring to shake the credit of a witness by use of former inconsistent statement, from deposing that while he was engaged in conversation with the witness, a tape recorder was in operation, or from producing the said tape recorder in support of the assertion that a certain statement was made in his presence.
In S. Pratap Singh v. State of Punjab, AIR 1964 SC 72 a five judges bench of Apex Court considered the issue and clearly propounded that tape recorded that tape recorded talks are admissible in evidence and simple fact that such type of evidence can be easily tampered which certainly could not be a ground to reject such evidence as inadmissible or refuse to consider it, because there are few documents and possibly no piece of evidence, which could not be tempered with. In this case the tape record of the conversation was admitted in evidence to corroborate the evidence of witnesses who had stated that such a conversation has taken place.
The Apex Court in Yusufalli Esmail Nagree v. State of Maharashtra, AIR 1968 SC147 considered various aspects of the issue relating to admissibility of tape recoded conversation. This was a case relating to an offence under section 165-A of Indian Penal Code and at the instance of the Investigating Agency, the conversation between accused, who wanted to bribe, and complainant was tape
recorded. The prosecution wanted to use this tape recorded conversation as evidence against accused and it was argued that the same is hit by section 162 CrPC as well as article 20(3) of the constitution. In this landmark decision, the court emphatically laid down in unequivocal terms that the process of tape recording offers an accurate method of storing and later reproducing sounds. The imprint on the magnetic tape is direct effect of the relevant sounds. Like a photograph of a relevant incident, a contemporaneous tape record of a relevant conversation is a relevant fact and is admissible under section 7 of the Indian Evidence Act. The Apex Court after examining the entire issue in the light of various pronouncements laid down the following principles:
a) The contemporaneous dialogue, which was tape recorded, formed part of res-gestae and is relevant and admissible under section 8 of the Indian Evidence Act.
b) The contemporaneous tape record of a relevant conversation is a relevant fact and is admissible under section 7 of the Indian Evidence Act.
c) Such a statement was not in fact a statement made to police during investigation and, therefore, cannot be held to be inadmissible under section 162 of the Criminal Procedure Code.
d) Such a recorded conversation though procured without the knowledge of the accused but the same is not elicited by duress, coercion or compulsion nor extracted in an oppressive manner or by force or against the wishes of the accused. Therefore the protection of the article 20(3) was not available.
e) One of the features of magnetic tape recording is the ability to erase and re-use the recording medium. Therefore, the evidence must be received with caution. The court must be satisfied beyond reasonable doubt that the record has not been tampered with.
Conditions Of Admissibility:
The tape recorded conversation can be erased with ease by subsequent recording and insertion could be superimposed. However, this factor would have a bearing on the weight to be attached to the evidence and not on its admissibility. Ultimately, if in a particular case, there is a well grounded suspicion not even say proof, that the tape recording has been tampered with that would be a good ground for the court to discount wholly its evidentiary value as in Pratap Singh v. State of Punjab, AIR 1964 SC 72. in the case of Ram Singh v. Col. Ram Singh, AIR 1986 SC 3, following conditions were pointed out by the Apex Court for admissibility of tape recorded conversation:
a) the voice of the speaker must be duly identified by the maker of the record or by others who recognize his voice. Where 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 direct or circumstantial.
c) Every possibility of tempering with or erasure of a part of a tape recorded statement must be ruled out otherwise it may render the said statement out of context and, therefore, 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.
Identification Of Voice:
As regards the identification of the taped voice, proper identification of such voice is a sine qua non for the use of such tape recording, therefore, the time and place and accuracy of the recording must be proved by a competent witness and the voices must be properly identified. [(See: Yusufalli Esmail Nagree) (Supra)]
Transcript:
The importance of having a transcript of the tape-recorded conversation cannot be under estimated because the same ensures that the recording was not tampered subsequently. In the case of Ziyauddin Burhanuddin Bukhari v. Brijmohan Ramdas Mehta, AIR 1975 SC 1788, the Apex Court considered the value and use of such transcripts and expressed the view that transcript could be used to show what the transcriber has found recorded there at the time of transcription and the evidence of the makers of the transcripts is certainly corroborative because it goes to confirm what the tape record contained. The Apex Court also made it clear that such transcripts can be used by a witness to refresh his memory under section 159 of the Evidence Act and their contents can be brought on record by direct oral evidence in the manner prescribed by section 160 of Evidence Act.
Nature:
Tape-recorded conversation is nothing but information stored on a magnetic media. In the case of Roopchand (Supra), though, Punjab High Court declined to treat tape recorded conversation as a writing within the meaning of section 3 (65) of the General Clauses Act but this view could not be survive for a long and the Apex Court in Ziyauddin Burhanuddin Bukhari (Supra) clearly laid down that the tape recorded speeches were "documents as defined by section 3 of the Evidence Act", which stood on no different footing than photographs.
After coming into force of the Information Technology Act, 2000, (w.e.f. 17.10.2000) the traditional concept of evidence stands totally reformed. Section 2(r) of this Act is relevant in this respect which defines information in electronic form as information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device. Under section 2 (t) ‘ electronic record ’ means data, record or data generated, image or sound stored, received or sent in an electronic form or micro film or computer generated micro fiche. Section 92 of this Act read with Schedule (2) amends the definition of ‘evidence’ as contained in section 3 of the Indian Evidence Act. The amended definition runs as under:
“Evidence:- ‘Evidence’ means and includes-
(1) all statements which the court permits or requires to be made before it by witness, in relation to matters of fact under inquiry; such statement is called oral evidence;
(2) all documents including electronic records produced for the inspection of the Court; such documents are called documentary evidence.
From the aforesaid provisions it becomes amply clear that the law, as it prevails today, takes care of information stored on magnetic or electronic device and treats it as documentary evidence within the meaning of section 3 of the Indian Evidence Act.
Utility/ Evidentiary Value:
The next question regarding evidence of the tape-recorded information, is about utility and evidentiary value. In this respect following points require consideration:
a) Whether such evidence is primary or secondary?
b) Whether such evidence is direct or hearsay?
c) Whether such evidence is corroborative or substantive?
The point whether such evidence is primary and direct was dealt with by the Apex Court in N. Sri Rama Reddy v. V.V. Giri, AIR 1971 SC 1162. the court held that like any document the tape record itself was primary and direct evidence admissible of what has been said and picked up by the receiver. This view was reiterated by the Apex Court in R.K. Malkani v. State of Maharashtra, AIR 1973 SC 157. in this case the court ordained that when a court permits a tape recording to be played over it is acting on real evidence if it treats the
intonation of the words to be relevant and genuine. Referring to the proposition of law as laid down in Rama Reddy’s case (Supra), a three judges bench of the Apex Court in the case of Ziyauddin Burhanuddin Bukhari v. Brijmohan Ramdas Mehta, AIR 1975 SC 1788 propounded that the use of tape recorded conversation was not confined to purpose of corroboration and contradiction only, but when duly proved by satisfactory evidence of what was found recorded and of absence of tampering, it could, it could subject to the provisions of the Evidence Act, be used as substantive evidence. Giving an example, the Court pointed out that when it was disputed or in issue whether a person’s speech on a particular occasion, contained a particular statement there could be no more direct or better evidence of it than its tape recorded, assuming its authenticity to be duly established.
From the aforesaid it can well be gathered as a settled legal proposition that evidence of tape recorded conversation being primary and direct one it can well be used to establish what was said by a person at a particular occasion.
Corroboration/Contradiction:
Under section 157 of the Indian Evidence Act, a witness may be corroborated by his/her previous statement. Section 145 of the Act permits use of a previous statement for contradiction of a witness during cross-examination. Again clause (1) of section 146 provides that during cross examination, question may be put to a witness to test his veracity. Section 153 generally deals with exclusion of evidence to contradict answers to questions testing veracity. However, exception (2) of it permits a witness being contradicted if he has denied any fact which was put to him to impeach his impartiality. Section 155 (3) deals with impeaching the credit of a witness liable to be contradicted.
http://www.legalservicesindia.com/articles/trc1.htm
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The Apex Court in N. Sri Rama Reddy (Supra) after considering the matter laid down that the evidence of the tape recorded conversation/statement apart from being used for corroboration is admissible for the purposes stated in Section 146 (1), Exception (2) to section 153 and section 155 (3) of the Evidence Act.
Also see this judgement also
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20/11/2007
CORAM : THE HONOURABLE MR. JUSTICE A. KULASEKARAN
C.R.P. (PD) No. 2657 of 2007 and
M.P. No.1 of 2007
G. Shyamala Ranjini .. Petitioner
Versus
M.S. Tamizhnathan .. Respondent
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Audio, Video, & Photos are all electronic records and evidence covered under Evidence Act. No need for digital signature certificate in Family Courts as long as you can prove that the evidence material is genuine along with the original storage chip or microchip or data chip. If chips not available then witnesses in the audio or video can be used. Read the IT Act of 2000 and amended in 2008. Even e-mails can be used as proof of some event. The e-mail address sent or received should be known to the person and he/she should admit use of the e-mail address.You can also use electronic form of evidence to get your Anticipatory Bail w.r.t Matrimonial Offences by quoting the IT Act and showing the recording of apprehension of a false case.After the passage of the Information Technology Act-2000 (ITA2000), Electronic Documents have come to be recognized as equivalent to written documents for the purpose of law. Similarly, Digital Signatures affixed as per the provisions of the ITA-2000 will be considered equivalent to written signatures. The Indian Evidence Act has also been suitably amended by the ITA-2000 to provide for presentation of evidences of Electronic Documents either in the electronic form itself or as certified print outs. It is therefore envisaged that Electronic Documents such as E-Mails and Web Pages will be potential evidences to prove contracts by any party to a business contract.Not sure if this works or is legit but pasting the stuff here for legally admissible mail servings or summons in 498a cases incase your wife is missing in action:
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More teeth and byte to IT law
Changes to the IT Act will enable it to crack down on cyber offences strongly but the law is ‘soft’ in parts, say experts..
When it comes to spamming, the grouse is that the relevant Section (Section 66 A) would only apply if the identity of the spammer is established.
Moumita Bakshi Chatterjee
Nearly three years after it was introduced in the Lok Sabha and almost a year after it received a green signal from both Houses of Parliament, the IT (Amendment) Act, 2008 has come into force. The amendment allows the Government to go after new-age cyber criminals and crimes — identity theft, cyber-stalking, cyber harassment, child pornography and spamming — and also gives it more ammunition to tackle cyber terrorism.
But legal eagles say the changes have turned out to be a bitter-sweet pill. While the cyber law zeroes in on new forms of crime, it has toned down punishment in the case of certain offences. Critics further caution that the new legislation arms the State with sweeping powers to block Web sites and snoop, but has not built in adequate safeguards to check possible misuse of such powers.
Crowning glory
First, the good news. Clearly, one of the most important changes that have been brought about pertains to cyber terrorism, with Section 66 F of the amended legislation prescribing life imprisonment for such offences. This assumes significance as the recent terror attacks have demonstrated just how tech-savvy militants can be.
Be it the Parliament attack or the more recent Mumbai terror strike, the use of technology — from satellite phones, e-mails, Internet to the more sophisticated GPS equipment — has been rampant. Experts opine that the amendments that have come into force now have penned down the widest possible definition of cyber terrorism even by global standards. “In that sense, India has taken thought leadership in clamping down on cyber terrorism,” says an industry watcher.
To quote the section verbatim, “whoever, knowingly or intentionally penetrates or accesses a computer resource without authorisation or exceeding authorised access, and by means of such conduct obtains access to information, data or computer database that is restricted for reasons of security of the State or foreign relations; or any restricted information, data or computer database, with reasons to believe that such information, data or computer database so obtained may be used to cause or likely to cause injury to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign states, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence, or to advantage of any foreign nation, group of individuals or otherwise commits the offence of cyber terrorism.”
Cyber law experts have dubbed the new Section as the crowning glory of the legislation. “The original IT Act did not have relevant teeth to deal with cyber terrorism. It now provides an additional remedy for booking cyber terrorism, where perpetrators leverage electronic formats and technology to execute terror attacks,” they say.
At the same time, the amendments have expanded the scope of the Act beyond the ambit of computer and computer network to specifically include “communication device” — mobile phones, PDAs or any other device used to communicate, send or transmit any text, video, audio or images. In one swift move, this has brought mobile users under the scanner. Earlier too, mobiles were considered to be under the wide definition of “computer” but now, inserting a clause on “communication devices”, has left no doubt about the scope of the Act.
Breather for intermediaries
Another contentious clause that has been tweaked pertains to the liability of intermediaries. Remember the controversial arrest of Baazee.com CEO in December 2004 in a case involving the sale of a sexually explicit MMS clip, on the auction site? Well, the IT (Amendment) Act now provides a breather of sorts to such intermediaries.
Under the original Act, the intermediary was required to prove that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of an offence.
“The amendment shifts the onus of proving the guilt on the law-enforcement agencies instead. It has decimated the liability of intermediaries so long as they observe due diligence and fulfil other parameters of Section 79. On the other hand, it has made the definition of intermediaries more comprehensive to includes auction sites, telecom and network service providers, ISPs, web hosting companies, search engines and online payment sites, among others,” says Pavan Duggal, a noted lawyer and an expert on issues pertaining to cyber regulation.
Casting the net wide
The new legislation casts its net, wide. It now talks in specific terms — sending offensive messages through communication services (spamming), violation of privacy (video voyeurism), Wi-Fi hacking, phishing, identity theft, et al.
“While a few of these offences find mention in the Indian Penal Code (IPC), the IT Act, by providing specific provisions pertaining to those offences such as cheating by impersonation, or criminal intimidation through spamming or sending insulting messages, provides better clarity,” points out Karnika Seth, managing partner of Seth Associates Law firm and author of Cyberlaws in the Information Technology Age.So far silent on heinous crimes such as child pornography, the amended law clamps down on such offences.
Publishing and transmitting of material depicting children in sexually explicit acts, etc, in electronic form will attract up to five-year imprisonment and a fine of up to Rs 10 lakh on first conviction; and up to seven-year imprisonment and fine of up to Rs 10 lakh on second and subsequent conviction.
‘Soft’ in some portions
However, a section of the legal fraternity feels that notwithstanding its expanded ambit, the law has gone “soft” on cyber crimes.
Barring cyber terrorism and a few other offences, all offences where punishment is up to three years are now bailable. Moreover, in the case of Section 67 dealing with publishing or transmitting obscene material in electronic form, while the original Act stipulated up to five-year imprisonment and Rs 1 lakh fine for the first conviction, it now talks about up to three-year imprisonment and up to Rs 5 lakh fine. Similarly, the term for the second and subsequent conviction stands reduced. “At a time when the world is increasing the quantum of punishment for cyber crimes, India perhaps has the dubious distinction of reducing the punishment,” quips Duggal.
Critics have also spoken out against enhanced powers of the State when it comes to issuing direction for interception or monitoring or decryption of any information through any computer resource; or directions to block public’s access to information generated, transmitted or even hosted in a computer resource.
“The provisions pertaining to blocking of Web sites is an area of concern. Instead of State agencies, the legal system should give the necessary directions. There should be a set process of giving notices and hearing before such blocking takes place,” says e-security expert Vijay Mukhi.
Some analysts are also of the opinion that while Section 43 (A) talks about compensation for failure to protect data — it assigns responsibilities on body corporate, possessing, dealing or handling any sensitive personal data — India should have taken the cue from nations such as the UK that have a distinct and comprehensive legislation dealing with the subject. Their view: a single provision is not adequate to cover the critical issue.
Similarly, when it comes to spamming, the general grouse is that the relevant Section (Section 66 A) would only apply if the identity of the spammer is established — a tall order in itself.
“The US has anti-spam law in the form of Can Spam Act, anti-spam legislations are also in place in Australia and New Zealand. But the Indian IT Act has not addressed this effectively,” says Duggal, adding that these offences should have been covered more exhaustively under the amended legislation.
Still, the law appears to be far more potent now in dealing with new-age cyber crimes than ever before.
But for a country where the conviction for cyber crime has been abysmally low thus far and under-reporting has been the order of the day, just how effective the law turns out remains to be seen.
http://www.thehindubusinessline.com/ew/2009/11/09/stories/2009110950010100.htm
Using E-Mail as Evidence
Using E-Mail as Evidence
A frequently asked question is "Can e-mails can be used as evidence in court, specifically in the Family Court system?" The short answer is "yes they can". In fact, e-mails were used extensively by the Justice Department in its antitrust case against Microsoft. Although the Microsoft case was not heard in Family Court, the principles are the same.
Much of the evidence that the Justice Department presented to the Court of Microsoft's anticompetitive activities was based on intra-company e-mails that officials within the company sent to each other. One key point is that the Microsoft emails could be easily shown to be authentic, that is, they were not forged or manufactured specifically in an attempt to minimize Microsoft's liability.
Qestion: So, email can be used if its authenticity can be established...but that assumes that there is a digital signature. What if there isn't?
Answer: If there were any security measures taken to guarantee the autheticity of the parties transacting then the email will be valid as evidence in court. Please take note that this is important. The last thing that we want is for difficult ex-spouses to start manufacturing email messages to stir up potential lawsuits or to bolster their claims. A case using email evidence might still prevail if the court is willing to subpoena the ISP transaction logs and the RFC data (assuming the message numbers are still intact). But without the electronic signature, there's no concrete proof that the person who had been sending those messages is the person himself. One possible exception would be if they copied the email to another person (a friend or significant other)- if the copy can be shown to exist it will bolster the claim that the email was in fact sent by the person you say it was.
Under certain circumstances, email can be admitted into evidence, but that does not mean that the email is not impeachable (capable of being thrown out as evidence). Where the e-mail is against the personal or self interest of the party (as in the Microsoft case, for example), it should be admissible since it is difficult to impeach. It's a bit complex, but the legal implication does exist. On the other hand, if used to establish proof of a meeting of the minds (i.e. a visitation agreement between two parties) this could easily be impeached, as both parties could no doubt come up with a printed e-mail saying this never happened (essentially "manufactured proof"). Nevertheless, a signature (as appearing in hardcopies) should prove to be impeachable. So, the bottom line is that an electronic signature that leaves a person using it no excuse should be able to correct this loophole.
One possibility is to get your ex to provide separate corroboration. What this means is to get her to reference the subject of an email of interest in a hard copy format, such as a written (paper) letter or a recording, such as a message on an answering machine. If you can provide the email PLUS a written letter (for example) where she makes a clear reference to the subject under discussion, this may be compelling, as the second piece of evidence (the letter) bolsters the first piece of evidence (the email). If the claim is made that you forged or manufactured the email, you can show the letter or recording that references the email, helping to establish that the email was in fact real.
All in all, copies of email may be more influential when given to a custody evaluator, as evaluators have more relaxed standards as to what constitutes "proof". (Even if an evaluator doesn't consider the email as proof, the tone and content may still influence them or give them some insight into your ex's behavior and personality.) Emails could be used to show your ex's unwillingness to cooperate, her disregard of court orders or personal agreements, her inability to collaborate on behalf or the child, and other relevant issues. They may also be used to indicate her contentiousness and bias against you, or her willful denial or interference of your parenting time.
Bearing that last paragraph in mind, when sending email to your ex, always write as if your email will be read by the judge, the evaluator, and your ex's attorney- because it may very well be. When writing your ex, always be polite, courteous, and stick to the subject at hand. DO NOT make threats, issue ultimatums, throw insults or comment on anything except the topic you are discussing. A offhand comment or insult made in the heat of the moment may come back to haunt you months or even years later.
Practical and Sincere advice to never married men (boys)
Practical and Sincere advice to never married men (boys)
Much discussion has already done by our seniors already over here, i want to add something in real about this matter with few more details.
The following are words put here after my marriage experience. It is my view only, not a rule put by our community or rule of law that is to be followed. It is purely personal, which I justify by giving instances at times leading to a big story.
Have time go through it. I have prepared for never married men taking into consideration especially like you. I am thankful to forum that I am able to put through this means.
One of my friends told and I have read it in many places that a man can be understood clearly to 99% of accuracy but a woman can never be understood even to 49% of what is store in her mind.
I have used video recording in most of the contexts, we can get these cameras at an economical cost in market today. Audio recorders or mobile phones can be used. After recording copy them in local hard disks, CD's, DVD's as soon possible. Don't every try to modify the original recordings, Keep it at a safe place. There is some place for these evidences in court proceedings (If the records are not applicable before court at least they will be applicable before people's court, so keep a record of all things possible.). Give complaints to local police station whether you get them or not, when your mobile is lost, clearly stating the date, time, mobile model and the capacity of memory card.
Scan each and every document and store in a safe place globally along with the electronic records accessible through internet. There are plenty of sites offering these services, only thing is you need to login before some specified days, otherwise there is a danger of losing all files. If you have any trouble knowing these you may let me know. Documental evidences are always applicable in court.
You should be cautious with three W's - Wine, woman and Wife according to an English proverb. These are three most dangerous things in any one's life. First two you know, last you might not be. I explain here, wife is also a most dangerous person when she is against you. When all well she is heart and love for you, you will say everything what is store in it which you might have never said even to a close friend or your parents who are whole and sole in your life even when you are at good and bad times in every way possible to them. So she knows even the password of your personal PC, laptop, official passwords, official people, and what not, each and every aspect of you personal and impersonal, family related matters, strength and weakness of each and every member of your family, your resources of income, your income and the story goes like this. You might take a cue from all this that how much personal it is with a wife. She also have access to every relation by phone and email and what ever way, even personally she has been with us through our family or when we make visit to friends and relatives. So she has every chance of putting all possible hurdles when something goes wrong with her from our side. It is also there that we also have the samething, but law is in favour of women, in our Indian society only women gets the support, not the men community. Women can ask for divorce in front of a judge, but a man cannot ask for divorce, he can only ask for justice to be done.
Before Marriage:
These things are done as a measure of precautionary measure/to be safe side, not compulsory that each and every aspect is met. But will be helpful when there is some problem. We take precautionary measures in offices like servicing the vehicle, cleaning up the system, the same way this one.
1. Do not go into detail every aspect of your personal life while discussing on phones or when you meet personally.
2. Don't take frantic calls/ make frantic calls pretend you are busy, tell softly will get back soon when time permits, go when you really have time to leisure. This need not be done every time when she makes a request. Sometimes exclaim her that we will go, within a short notice.
3. Don’t talk much from your side, just try to get as much information, pretend you are also giving that much information when asked but never complete information. Eat out the actual point in your discussion by bringing something more.
4. Enjoy outings to a limit, you are still unmarried.
5. Never ever stay with your about in-laws before and after marriage unless there is something which happened contrary to your plan and expectation or when helpless.
6. Don’t make frequent visits to your in-laws any time(I mean before and after marriage whenever the context of any time comes).
7. Don’t send frantic messages, namely you are the world; you are my only love ... any time.
8. If you have very affection keep it in yourselves don’t ever try to express even after marriage.
9. Try to record happy moments in front of her with her knowledge. Moments should be recorded whether it is a happy note or sad note.
10. Record all discussions in video possible when some financial matters aspect, that to in the presence of elders (relatives may or may not be considered but third party person is compulsory concerned who is near to you or who knows about your family and is concerned to your family - the person/person's in consideration).
11. There should be agreement that in case of any problem, either party should not try to disturb others by any means (this agreement details can be got from a lawyer, they have done good homework after many false cases) and paper evidences of what ever you have given and taken from them or given by you. Everything should be witnessed by the person discussed above.
12. Even for Sthridhan there should be evidence of what you have taken and what they have given. Everything should be witnessed by the person discussed above.
13. If you feel that you that you hurt feelings don’t go over, say sorry and tell it will not be repeated. Try not repeat again in your life. But never expect from the opposite side that she will do the same as you are trying to do.
14. If your attitude hurts her beyond your thinking, although you are right in your own way, better not to marry her.
After marriage
About Marriage:
A wife is the most concerned woman who looks after a husband at their house, keeping a watch that when he comes. She is the one who has left her parents in faith that you will look after her. Even though if she does no work if she is a house wife, she does all the household work, look after the house where on lives, domestic chores and many more cannot be looked single handedly with any other's help, Supreme court also gave ruling that she is doing work of Rs.3000/- and many other things which cannot be counted on her part. So, treat her on par with you reason she is equally respected however bigger you are, children of lesser age take blessings from both of us, this shows that she is equal to our level, even though she is younger to us, or earns less than us. This can be equally observed when we are at marriages, occasions, social meetings, functions, poojas...... So, take proper care from your side that all is well and nothing beyond.
1. Do not go into detail every aspect of your personal life while discussing on phones or when you meet personally, reveal some which you expect that it is not going to hit your privacy even if there is some misunderstanding.
2. Don't take frantic calls pretend you are really busy putting a sorry note in a soft manner, never cry foul, show your emotions, and never show official problems (keep your official problems with you and your friends every time) on her put a date for going when you are free, chart out a plan that you make some times and sometimes a miss due to co-incidence due to some other that you may not go for that but some other thing which expected not to happen.
3. Don’t talk much from your side, just try to get as much information, pretend you are always with her every time although you are thing some other thing. Don't talk much is the rule of marriage to keep away differences, unnecessary discussions, the much you talk much discussions will lead to some other thing contrary to what we expect.
4. Enjoy outings to a limit convenient to you, you are now married. Your bachelorhood has come to an end. You cannot be the same as previous lover of your wife as you have no reason for getting her away from you, this being in your mind; you will just take granted for what you have done earlier. But she is in no mood of what you are in; keeps thinking that you should be the same old man what she though before and like you to be like that. This can never be possible. But we can take out some time for leisure.
5. Never ever stay with your in-laws before and after marriage unless there is something which happened contrary to your plan and expectation or when you are helpless, unless it is a customary. Your stay will lesser your image that's what I say.
They have more personal look of you when you are at their place, can go more personal about your feelings, likings and want to get more closer than you have enjoyed (but I feel business entity, should be different from personal entity which is generally followed in accounting terms). The marriage which has happened is a busy entity. Marriage, although one form of business of living, it cannot be insured, I mean a loss of one's marriage cannot be insured. A loss of wife or husband can be insured. That is importance given for a marriage of two persons. By this you can expect how fragile a marriage is. This means that marriage cannot be trusted or one can have good faith in marriage.
6. Don’t make frequent visits to your in-laws any time. If you have no business there, take turn of your vehicle on road itself and come back to your place after dropping her or meet a friend if nearby if it happens that you may need to take her back after sometime. When picking up, you might go inside for some time, but do not stays there on one or more pretext even if your wife is not willing to come, after three or four times of such a measure she will automatically make her mind. If she doesn’t make her mind, there is some action needed from our side.
7. Send messages, prevent calls either side, otherwise trouble of getting all the calls (mostly unnecessary) creating disturbance to work and in front of boss, or anytime when we are in work or when we are not in a mood to take any calls after much exhaustion. But send proper messages at times when we are late, we have a meeting, we had to have a dinner but never say that you are your parents place if you happen to have parents in the same city and you had to go there with out her or against her wishes.
8. If you have very affection about her, keep it in yourselves don’t ever try to express it. But express it before people, your friends, parents, her parents but never before her.
9. Try to record happy moments soon after marriage, they cannot be returned again in your life time. The same will not be got back at any cost. Moments should be recorded whether it is a happy note or sad note.
10. If it happens that there are some disturbances that is going to happen or has happened, don’t get directly involved in it with your parents and her parents. Always bring the third person discussed the good Samaritan in our marriage from our side and discuss in front of him. All this should be video recorded. If the other party objects for some, don't come in line with them, ask them to come in their own way or give another camera to capture the events in their own way. But never resort to change in original any way by the new technology, it can go awry. We cannot underestimate the technology use by any one, although however unknowledgeable the government or the court may be of these.
10. All giving’s and taking should be recorded in a friendly manner, one video recorder and camera person from our family should always take that duty. This will make habituated without any objections from either side, because he keeps recording each and every aspect which is known to both the families. So, never ever forget to record all discussions in video when some financial matters aspect is concerned, that to in the presence of elders (relatives may or may not be considered but third party person is compulsory concerned who is near to you or who knows about your family and is concerned to your family
- the person/person's in consideration).
11. All will be well when all is flourishing well but when differences arise there will be none, if you take a single path.
Therefore, there should be a definite agreement if not taken already earlier, that in case of any problem, either party should not disturb others by any means (this agreement format and other details can be got from a lawyer, they have done good homework after many false cases) and paper evidences of what ever you have given and taken from them or given by you.
Everything should be witnessed by good Samaritan.
12. Even after that meeting, if you find no change, you have to think twice. You can sense by their actions that a doomsday will come. Pretend that you are not in mood of any change with what you are doing. This will irritate and finally one day she will leave. Try to keep talking always with her and her family members, relatives from the opposite side (all these days of marriage you might have met, keep in contact for future use, call them for parties, social meetings that happen in the family either side, be close to them, they are always better than our in-laws from whom you can get much details and also they are moreover like us). Don’t put details unless they themselves start about the current happenings.
13. Incase of problem: Don't stay at weekends mainly from Friday evening onwards, as Saturday and Sunday being holiday for courts to apply for bail, the complaint whenever it may be filed, they will come on Friday night to give trouble. If such a situation has come to go jail, go along with them without any protest. Before going for a decision when the trouble started, think whether you want to live your wife in future or not.
First Case: If you want to live because of several problems, family problems, monetary problems and what not go for jail do nothing; you or your people will get back on bail in 3 to 4 days in total. This will leave the whole family who met such jail not to take back the girl, but due to inherent fear they say you should live with her without any further trouble. Then you decide that you will be with her. Now try adjusting, if she comes in line its well and good. Otherwise, you can do what she has mentioned in the complaint to her and discharge her, closing the chapter of hers in your book. Now, you can do as you wish, if again jailed no problem, once jailed or repeated jails even 100 times won't matter, then you can decide your next course of action. Now you will be definitely free from your wife and own pestering by your family members and others.
Second Case: If you think you can never get along with her. Go to jail. You will get bail in 3 to 4 days. Before the police you say, whatever you do I am not interested any more in my wife. This word will make them think twice and the same thing should be put before the lawyer saying that "I don't want to live with the bitch that had put me in jail; the case file by her is a false case, which has caused severe mental cruelty to me and my family". On these words the opposite party will apply for divorce or come in terms with you and you are free.
One thing to note, if a vacation happens to be there near your problem, never stay at your place of living. Because all through the holidays of court you will be in jail for no fault of yours. Courts have vacations, like that of schools and colleges, all this has led to the current state of affairs where scores of cases are pending for years together in court.
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I have taken extract from a good site which is presented here.
What are the Ten Most Dangerous Mistakes men Probably Make with Women?
Here Are The Top Ten Reasons Why Men Fail With Women...And How To Make Sure YOU Avoid Every One Of These Deadly Common
Mistakes...
MISTAKE #1: Being Too Much Of A "Nice Guy"
Have you ever noticed that the really attractive women never seem to be attracted "nice" guys?
Of course you have.
Just like me, I'm sure you've had attractive female friends that always seemed to date "jerks"... but for some reason they were never romantically interested in YOU.
What's going on here?
It's actually very simple...
Women don't base their choices of men on how "nice" a guy is. They choose the men they do because they feel a powerful GUT
LEVEL ATTRACTION for them.
And guess what?
Being nice doesn't make a woman FEEL that powerful ATTRACTION.
And being NICE doesn't make a woman CHOOSE you.
I realize that this doesn't make a lot of logical sense, and it's hard to ACCEPT... but GET OVER IT.
Until you accept this FACT and begin to act on it, you'll NEVER have the success with women that you want.
MISTAKE #2: Trying To "Convince Her To Like You"
What do most guys do when they meet a woman that they REALLY like... but she's just not interested?
Right! They try to "convince" the woman to feel differently.
Well, I have news for you... YOU WILL NEVER CHANGE HOW A WOMAN "FEELS" WHEN IT COMES TO ATTRACTION!
Never, ever, EVER.
You cannot CONVINCE a woman to feel differently about you with "logic and reasoning".
Think about it.
If a woman doesn't "feel it" for you, how in the world do you expect to change that FEELING by being "reasonable" with her?
But we all do it.
When a woman just isn't interested, we beg, plead, chase, and do our best to change her mind.
Bad idea. One that will never work.
MISTAKE #3: Looking To Her For Approval Or Permission
In our desire to please women (which we mistakenly think will make them like us), us guys are always doing things to get a woman's "approval" or "permission".
Another HORRIBLE idea.
Women are NEVER attracted to the types of men who kiss up to them... EVER.
Don't get me wrong here.
You don't have to treat women BADLY for them to like you.
But if you think that treating a woman well means "always getting her approval and permission for things", think again.
You will never succeed by looking for approval. Women actually get ANNOYED at men who seek their approval.
Doubt me? Just ask any attractive woman if Wussy guys who chase her around and want her approval annoy her...
MISTAKE #4: Trying To "Buy" Her Affection With Food And Gifts
How many times have you taken a woman out to a nice dinner, bought her gifts and flowers, and had her REJECT you for someone
who didn't treat her even HALF as well as you did?
If you're like me, then you've had it happen a LOT.
Well guess what?
It's only NATURAL when this happens...
That's right, I said NATURAL.
When you do these things, you send a clear message:
"I don't think you'll like me for who I am, so I'm going to try to buy your attention and affection".
Your good intentions usually come across to women as over-compensation for insecurity, and weak attempts at manipulation.
That's right, I said that women see this as MANIPULATION.
MISTAKE #5: Sharing "How You Feel" Too Early In The Relationship with Her
Another huge and unfortunate mistake that most men make with women is sharing how they "feel" too early on.
Attractive women are rare.
And they get a LOT of attention from men.
Most men don't realize this, but attractive women are being approached in one way or another ALL THE TIME
An attractive woman is often approached several times a DAY by men who are interested. This translate into dozens of times per week, and often HUNDREDS of times per month.
And guess what?
Attractive women have usually dated a LOT of men.
That's right. They have EXPERIENCE.
They know what to expect.
And one thing that turns an attractive women off and sends her running away faster than just about anything is a guy who starts saying "You know, I really, REALLY like you" after one or two dates.
This signals to the woman that you're just like all the other guys who fall for her too fast... and can't control themselves.
Don't do it. Lean back. Relax.
There's a much better way...
MISTAKE #6: Not "Getting" How Attraction Works For Women
Women are VERY different from men when it comes to ATTRACTION.
You need to accept this fact, and deal with it.
When a man sees a beautiful, young, sexy woman, he INSTANTLY feels a sexual-attraction.
But does the same apply for women?
Do women feel sexual-attraction to men based mostly on looks? Or is something else going on?
Well, after studying this topic for over five full years now, I can tell you that women usually have their "attraction mechanisms" triggered by things OTHER than looks.
Have you ever noticed that you see a lot more average and unattractive men with beautiful women than the other way around?
Think about it.
Women are more attracted to certain qualities in men... and they're attracted to the way a man makes them FEEL than they are to looks alone.
If you know how to use your body language and communication correctly, you can make women feel the same kind of powerful sexual attraction to you that YOU feel when you see a hot, sexy young woman.
But it's not an accident. You have to LEARN how to do this.
And ANY guy can learn how...
MISTAKE #7: Thinking That It Takes Money And Looks
One of the most common mistakes that guys make is giving up before they've even gotten started... because they think that
attractive women are only interested in men who have looks and money... or guys who are a certain height... or guys who are a certain age.
And sure, there are some women who are only interested in these things.
But MOST women are far more interested in a man's personality than his wallet or his looks.
There are personality traits that attract women like a magnet...
And if you learn what they are and how to use them, YOU can be one of these guys.
YOU DO NOT have to "settle" for a woman just because you aren't rich, tall, or handsome.
Let me say this again: If you know how to use your body language and communication correctly, you can make women feel the same kind of powerful sexual attraction to you that YOU feel when you see a hot, sexy young woman.
MISTAKE #8: Giving Away All Of Your Power To Women
Earlier I mentioned that it's a mistake to look to a woman for approval or permission.
Well, another similar tactic that a lot of guys use is GIVING AWAY THEIR POWER to women.
Said differently, guys try to get women to like them by doing whatever the woman wants.
Another bad idea...
Women are NEVER attracted to men that they can walk all over... Women aren't attracted to Wussies!
MISTAKE #9: Not Knowing EXACTLY What To Do In Each Type Of Situation With Women
A woman ALWAYS knows what you're thinking.
Women are approximately TEN TIMES better than men at reading body language. That's ten TIMES.
I know, it might be hard to believe. But for example, if you're out on a date with a woman, and you want to kiss her, she knows it.
And if you don't know exactly what to do and exactly HOW to kiss her, and you just sit there looking at her and getting nervous, she won't help!
And this goes for ALL aspects of women and dating...
Approaching a woman, getting her number, asking her out, kissing her, getting physical... everything.
If you don't know what to do in each situation, you will probably screw it up... and LOSE EVERYTHING.
And you KNOW it.
It is VITALLY important that you know EXACTLY how to go from one step to the next with a woman... from the first meeting, all the way to the bedroom.
MISTAKE #10: Not Getting HELP
This is the biggest mistake of all.
This is the mistake that keeps most men from EVER having the kind of success with women that they truly want.
I know, guys don't like to make themselves look weak or helpless. We don't like to ask for help.
http://498a.org/forum/viewtopic.php?p=31862&sid=e4de73658e160eea856edd43a0344213#p31862
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