On May 9, 2025, the Aurangabad bench of the Bombay High Court ruled that a woman can be compelled to provide a voice sample in a domestic violence case if there is sufficient material on record. The court’s decision came after a husband appealed for his estranged wife to submit a voice sample to verify his claim of her extra-marital affair. The husband presented a certified recording of her alleged conversation with a ‘paramour’ as evidence.

Justice Shailesh Brahme emphasized that magistrates have the authority under Section 28(2) of the Protection of Women from Domestic Violence Act to adopt procedures, including ex-parte orders, when necessary. The judge noted that electronic evidence is increasingly replacing traditional forms and that the probative value of such material should be assessed during the trial. The wife had contested the evidence’s admissibility and the timing of the husband’s request. However, the court found that the new evidence had not been presented in the family court and could be examined independently in the domestic violence case.

The court directed the wife to provide her voice sample within three weeks for forensic verification. This decision underscores the evolving role of electronic evidence in legal proceedings and the powers vested in magistrates to ensure a fair trial.

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