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Allowing of dv without evidence

Querist : Anonymous (Querist) 03 April 2020 This query is : Resolved 
Dear Advocates,
in DV complaint do we required to attach evidence for getting it numbered or can we first write some petition, get it numbered and then during trial evidences could be submitted later....How can we know that magistrate has examined prosecution evidence before allowing DV number and trial

Thanking you,
With High Regards,
ganesh
Raj Kumar Makkad (Expert) 03 April 2020
Generally interim relief is sought in DV Act cases which requires prima-facie evidence on file so as to have some material before the magistrate for deciding interim relief application but there is no such law that the entire evidence should be filed or marked with the application. Complete evidence may be brought at the time of the evidence.

So far the your knowledge of mechanism vide which the magistrate decides the application is concerned, the final order is the sole document which describes what was taken into consideration by the trial court because the order contains detailed facts, evidence, observation, law and finally the order of the court.
Querist : Anonymous (Querist) 04 April 2020
Thank you Advocate Raj Kumar Makkad Ji for your enlightening answer...
Rajendra K Goyal (Expert) 05 April 2020
You should attach copy of documents with the plaint.

Can furnish originals during evidence.
T. Kalaiselvan, Advocate (Expert) 06 April 2020
The DV case filed before the magistrate will not be numbered straightway after you are filing it.
The court will forward the complaint to the social welfare department.
The social welfare officer shall summon both the complainant and the respondents for mediation and try to solve the problems by reconciling the differences.
If that is not possible then the officer will revert the complaint to the regular court with her/his report.
The complainant need to provide basic requirements namely few documentary evidences to prove her identity and other documents to establish her allegations at the time of filing the complaint.
.
Querist : Anonymous (Querist) 07 April 2020
Thanks to you Advocate Mr. T. Kalaiselvan....
In petition copy supplied to me there is no mention of documents to establish allegations... I suppose the allegation documents may be mentioned in the original petition copy... Can I access the original petition copy and documents attached it ... what is the procedure....
Thanking you,
With High Regards,
Ganesh
Rajendra K Goyal (Expert) 07 April 2020
Your lawyer can go through the case file by following due procedure. You can get copy of full case file from copying Branch of the court after applying.
T. Kalaiselvan, Advocate (Expert) 07 April 2020
You can obtain certified copies of the documents filed before court by them as well as you.
You can ascertain the facts and come to a conclusion about it after obtaining the certified copies.
Raj Kumar Makkad (Expert) 07 April 2020
It is not necessary to attach all documents to be relied upon by the complainant at later stage with the complaint itself, however, the documents which are mentioned in the complaint under annexure head are required to be supplied to the opposite party which can be demanded at any stage of the proceedings.
Rajendra K Goyal (Expert) 08 April 2020
On application, court would provide certified copy of full case file, defense can be prepared based on these papers.
Raj Kumar Makkad (Expert) 08 April 2020
Even no application is required to be moved for getting the enclosures because it is the duty of the petitioner to provide entire documents of his petitiion to the opposite party so as to enable hi to prepare his written statement.
Rajendra K Goyal (Expert) 09 April 2020
In case the petitioner has not provided copies of documents filed with the petition, may prey court to order petitioner for providing copies of documents filed to help in preparing written statement.
Querist : Anonymous (Querist) 13 April 2020
Thanks to you Advocate, Kalaiselvan sir, Raj Kumar Makkad Ji and Rajendra K Goyal Ji for your specific guidance.
Rajendra K Goyal (Expert) 13 April 2020
You are always welcome, may revert in case of any further development.


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