Punishment for using a secret recording device without consent
My husband either placed a standalone recording device in house without my knowledge or hacked my phone using a spy software. I do not know his means of recording, but he has recorded my personal conversations, in which is not one of the participants of the conversation. We both are Indians, married in India and we are currently in the USA on temporary visas and I am on his dependent spouse visa. This non consented recording happened in the State of California, where a recording requires consent of all the parties of the conversation. My husband wants to divorce me now, and requesting for Mutual Consent Divorce and he told that if I don't agree for it, he will contest it. My current situation is that, I am soon going to go back to India since I am no longer welcomed to live here.
My questions are -
Can a legal action be taken in India for this non consented recording? On what basis can he contest a divorce? Can he contest a divorce by attending remote court hearings? Can I sue him for recording which is illegal in California State with the help of an attorney from California State after I travel to India, since I can not do it while being present in the USA.