Submission of evidence - documentary from petitioner side


I have filed divorce case under clause Cruelty.

 

I am the following in my possession as evidence.

1.     Emails from her

2.     Hand written letter send by her summarizing most of her mistakes send through postal department. I have cover also in my possession

 

I seek the following information/clarification:

1. At what stage, I have to submit my evidence and how?

2. If She refuses, it is not her hand writing, how to defend my case.

3. Is it necessary to submit original to the court.

4. What about submitting Copy of letter certified by Notary Public (One Notary Public Refused to acknowledge the copy saying that court would ask his presence and it would be unnecessary trouble for him)

5. I fear for the safety of the letter because it is the only vital piece of evidence in my possession. How to protect the same.

6. Few of email has been received in my company email account. I have converted in to PDF file before leaving the company.

a. Whether that PDF is accepted as a Proof.

b. I have forwarded few mails received in my company ID to my bro’s ID which I have received back in my personal ID. It is acceptable as evidence?

Thanking you in advance.

 
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Advocate/ nadeemqureshi1@gmail.com

Dear Kumar

my opinion on your queries are as under:

1. At what stage, I have to submit my evidence and how?

Opinion: Petitioner evidence can be filed after framing the isssue.

 

2. If She refuses, it is not her hand writing, how to defend my case.

Opinion: There is a provision in Law related to hand-writing expert's opinion

 

3. Is it necessary to submit original to the court.

Opinion: if you have original then original will be better to file before the court

 

4. What about submitting Copy of letter certified by Notary Public (One Notary Public Refused to acknowledge the copy saying that court would ask his presence and it would be unnecessary trouble for him

Opinion: notarized documents can not be parlel as original so file original if you have

 

5. I fear for the safety of the letter because it is the only vital piece of evidence in my possession. How to protect the same.

Opinion: file before the court & get certified copy of the same.

 

6. Few of email has been received in my company email account. I have converted in to PDF file before leaving the company.

a. Whether that PDF is accepted as a Proof. Yes it may be

b. I have forwarded few mails received in my company ID to my bro’s ID which I have received back in my personal ID. It is acceptable as evidence?

Opinion: yes these email's are acceptable as evidence as per section 65B of Indian evidence act



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scientist

@ Kumar never ever submit original evidences with petition. Submit photocopies, stating that you have the originals and will provide to court as and when required.Its not uncommon that lawyers keep the originals with themselves and submit photocopies in court instead. Later you become vulnerable to extortion/ harassment from your own lawyer should any dispute with him arise later.( after a litigation is over many persons are more disgusted with their own lawyer than with OP lawyer or OP itself).

regards ASHOK


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Now the case is in evidence stage from my end.

Is it necessary to file evidence(letters and other documents) along with my written evidence or later at the time of crossing the respondent.

 
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Can anyone please tell me


whether i have to file evidence along with my written evidence

or

At the time of crossing the respondent...

 
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Social activist and ESIS Legal Consultant (everysufferer isasaviour@gmail.com)

@ Author,


1. Alway's keep your last ikka in your hand,as no body know's when you have to show.


2. So,here follow the process of court one by one and exhibit your prime evidence at last moment.


3. Never hand any original document's to you own lawyer until or unless you are present with him during the time of submission stage in the presence of judge.


4. Alway's explore the subsequent evidences along with the present evidences.


5. Your lawyer has to do the tactic and how smartly he convince the court.


6. Rest all depend's on your drafting in the original main petition.


7. So, it's alway's prefferable to start well to end well.




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Advocate/ nadeemqureshi1@gmail.com

yes you should file the document as annexure/exibit with your written evidence before court


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I agree with Mr. Nadeem qureshi's first post.  The evidence Act read with civil procedure code provide the procedure how evidence has to be led and what is primary evidence and secondary evidence.  the parties are not at liberty to produce the evidence at their whims and fancies.  for that there is a stage for the petitioner and respondent.  in respect of filing the primary evidence (originals) also there are procedural rules and one has to adhere them.  If any one misses the bus for genuine reasons and want to place those documents at later stage, he has to seek the permission of the court by way of application explaining that even after holding those documents why he had not placed them on record.  The opposite party will be given opportunity to put objection for placing those documents.  Finally, it all goes to the discretionary power of court.  So, why one should seek the mercy of the court's discretionary power, when he has got a statutory right to place documents at proper stage.  For the petitioner, along with his petition he has to file the documents and for the respondent, he can file the documents along with reply/written statement.  Again, if permission is sought and granted (generally it will be done) to file rejoinder, the petitioner can file documents along with rejoinder.  Till this stage the court will be flexible and accept documents.  Then admission/denial of the documents and after that issues.  Once issues are framed, as per law, one cannot file documents without the permission of the court.  if there are any aberrations to this stipulated procedure, that is due to leniency of the court, and not procedural law permit it.


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Thank you every one.

 I have my letters original in possession. My lawyers told to submit at later stage as it would help to nail down the respondent if she refuses all the allegation contained in the petition. We have filed rejoinder also as my petition is so mild. So far we have not filed evidence. So i wanted to clarify about the filing.

 
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advocate

along with ur petition u can annexed a copy of that, and at the time of filing of evidence-on-affidavit u can exhibit those.


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