False d/v case- how to present recorded mobile conversation
V.N.K. MENON
(Querist) 09 January 2018
This query is : Resolved
I (Respondent-3) had filed a petition in H/Court for quashing of false time-barred d/v case filed after more than one and half years; myself quoting Supreme Court judgements. It is now listed for January 2018.
Following 2 things were submitted to H/C: (1) PCR report that she was kept in captivity and was not allowed to go to sasural (2) asylum report for having kept for 25 days.
After a son was born to them , she was brain washed and indoctrinated to file a lucrative d/v business by her father.
There is recorded conversation (mobile) between my son and his wife intertalia stating that she was in captivity and was given some injection and being kept in asylum; and her parents are up-to-do anything. A police officer living in neighbourhood compelled to withdraw the complaint on the plea that she is made. Obviously she was brain-washed and indoctrinated to file the lucrative d/v business and withdrew complaint.
Now the question is how can I present the recorded conversation which can be accepted by the court in view of Sec-65B Evidence Act. I think there are exceptions from producing certificate. Considered opinion shall be highly appreciated.
Tk u experts for considered opinion..
P. Venu
(Expert) 09 January 2018
Detailed examination of facts is possible only in and by the trail court. The High court would only interfere only if the complaint, as such, does not suggest a prima facie case.
Vijay Raj Mahajan
(Expert) 10 January 2018
Get the recording of conversation made in to the written format, and certified by the expert that both these are matching and correct. Along with copy of both certified as true copy, certificate of the expert about correctness/matching and certificate under section 65B present these as documentary evidence in your defence at the trail stage in the trail court.
V.N.K. MENON
(Querist) 10 January 2018
thank you experts, particularly mr. mahajan for delving into.
M V Gupta
(Expert) 12 January 2018
Most probably ur application in the HC to quash the compliant filed by your wife may not be accepted and he HC may direct you to produce he evidence in the trial court.
V.N.K. MENON
(Querist) 13 January 2018
Ld. Gupta, in the case I am R-3 (about 68 years) and as such filed petition in that capacity. The lis is with daughter-in-law who in collusion with her father filed a d/v case for extortion. Operating part of the last order dated 4th September 2017 by H/C is reproduced below:
QUOTE
Learned APP for the State accepts notice and seeks time to file status
report/reply.
Status report/reply be filed before the next date of hearing,
with an advance copy to learned counsel for the petitioner.
List on 18.01.2018.
UNQUOTE
TODAY I RECEIVED A COPY OF "COUNTER AFFIDAVIT OF RESPONDENT".
COLLECTIVE WISDOM EXPERTS -ANY SUGGESTION / GUIDANCE ETC SHALL HE HIGHLY APPRECIATED AS TO WHAT IS THE NEXT PRUDENT STEP TO TAKE. I HAVE RECORDED CONVERSATION BETWEEN MY SON AND HIS WIFE CLEARLY WEEPING AND NARRATING AS TO HOW SHE HAD BEEN KEPT IN CAPTIVITY, but has changed her version for obvious reasons.
M V Gupta
(Expert) 14 January 2018
Based on the reply filed by the APP you may have to submit your arguments. Hope u have engaged an advocate to represent your case.
V.N.K. MENON
(Querist) 16 January 2018
Thank you for the guidance.. Am I required to refute lies in the rejoinder by respondent- Thank you in anticipation for guidance on this point.
I have lot of experience in trial court, H/C and SC and had good success of thanks to tips from L/C. I was not in regular practice. Myself is party in person in the case stated above. From 2018 going to regularly practise.
I am in need of a collective view as per maxim of some great people,also because one cannot be a judge in his own case.
TKU sir,
