Evidence related query
Damayanti
(Querist) 07 August 2014
This query is : Resolved
I am taking cross-exam of petitioner(husband) himself on behalf of his opponent respondent- wife in matrimonial suit.
Surprisingly he first adduced exam in chief affidavit (50 pages) and sworn it by going into witness box before judge.
this affidavit was given exhi. no. 63
But just before cross could start(during hearing in next month) the husband (petitioner) again additionally testified by standing in witness box as to some documents (many e-mails) purported to have been written by him and printouts of which were already filed using a list of docs.
AND ALSO the replies received to those E-mails.
IMPORTANT QUESTION: replies were obviously sent by wife i.e. my client!!!
(but can he bring those replies as documentary evidence on records?)
Judge gave Exhi nos 64, 65 to those email print outs.
Thereafter, below the SAME typed document (dictated by judge) cross exam related answers etc etc are typed.
NOW, my question is that above document which comprises of answers given in cross exam .... should it be given a NEW/SEPARATE exhi no?
I wanted the certified copy ONLY the cross exam part (so far 11 pages) and also of further cross exam that would be conducted.
Exam in chief affidavit comprises of 50 pages!!!!!
on every adjournment for further cross my client CAN NOT afford to get entire copy of exam in chief and the appended cross exam....
My client/I want only that part of cross exam which is incrementally being recorded on each hearing date.
BUT NAZARAT section started insisting to PAY for entire exhi.no 63 (i.e. 50 pages + cross exam pages so far around 11 pages)
I want certified copy of only those 11 pages.
I had already obtained cert copy of those 50 pages earlier. and I do not want pay for that again.
Is it allowed to asked cert copy of only those 11 pages?
And is husband allowed to introduce documentary evidence of email replies received by him?
thanks
Devajyoti Barman
(Expert) 08 August 2014
You appear to be a very fresher in this profession.
I wonder if you ask for only cross of a particular day why affidavit in chief would be supplied to you.
If you are facing any problem with the cross then take help of a senior.
Print outs of e-mail is admissible in evidence.
Rajendra K Goyal
(Expert) 08 August 2014
Request for the copies of cross for particular day, agree with the expert.
Damayanti
(Querist) 08 August 2014
Thanks Barman sir.
I am indeed taking guidance from senior with whom I work, and at times I do get rescued by all the experts on this forum.
Thanks again.
It seems, The clerk in Nazarat section only wanted to harrase me and delay the issue of copy (I had asked urgent copy within 3 days, its been more than 10 days I was following up but yet those docs were not sent for photocopying. They are just testing the waters.)
ABOUT proving electronic document.
Wasn't it appropriate/imperative to appoint court commissioner to record this electronic documentary evidence in the presence of representative/me of opposite party?
i.e. In my presence, court commisioner would observe .... login process to email account/id at a secure/reliable web-cafe like reliance cafes.etc etc. and then ascertaining the emails sent in 'outbox/sent' folder in email(if ot already deleted) and also replied received in 'inbox' folder etc etc and then verifying the same from whatever is visible on screen.
and then court commisioner making report of the same and ascertaining the print out of the same as evidence.
Please guide me.
Thanks again.
Should I remain silent on this and raise it in argument that evidence adduced in not 'proved' by observing a correct process, in appropriate manner? and hence though it is only admittance of the document on records, but yet it can't be read in evidence(inadmissible) in the final decision.
OR
should I raise it now only?
My sincere thanks to Barman Sir again.
Damayanti
(Querist) 08 August 2014
Thanks to Goyal Sir.
R.K Nanda
(Expert) 08 August 2014
take help of lawyer.
Damayanti
(Querist) 08 August 2014
I AM HOPING TO GET your guidance on my second query as to correct process of proving an electronic evidence.
Thansk again
By the way, finally I got the certified copy of ONLY the cross exam part attached below exh of exam in chief!!! But not without obstacles and grudging sounds.
I had to show them some examples on district court web site cases in civil suits (I took hint from Barman sir's answer and tried to search for such examples and practices followed in other courts)
Fortunately in some civil sit cases, http://court.mah.nic.in/
Over there, ONLY cross exam transcripts are published on internet (mumbai city civil court cases especially).
But this family Court is YET not following this practice (only final judgments and decrees or in some cases only a few interim orders are being made public to all to view on the net.)
thanks in advance
T. Kalaiselvan, Advocate
(Expert) 10 August 2014
If you find difficulty in getting the copies or getting unnecessarily delayed every time, you can make a representation in the open court about this and pray for more time. Please post queries in brief.
