Burden of proof
rsraghukumar
(Querist) 27 March 2012
This query is : Resolved
sir to prove the first marrige is filed the follwing evidences:
1) 32 photos along with negatives of
first marriage
2) first husband called as witness (PW-2)
3) first husband's mother as witness.
4) legal notice issued to first huband by the girl.
5) legal notice issued by the first husband to the girl.
6) injunction order granted by Hon'ble court to stop first marriage.
7) some of the doucuments obtained under rti act(complaints given by the girl against first husband in Police Station)etc.(marked under subject to objection)
when 32 photos were marked there was no subjection. but in the cross examination the girl's counsel just asked a question like these photos are created. he never raised the questions like who is photographer, what is the adress, or never raised the question that call him as witness etc. but simply in written submissions, the girls counsel pointed that photographer was not examined as witness. the girl has not filed chief affidavit and not entered into witness box to prove her case. when this is the case can she file objection in written objections simply tht photographer was not examined. even she pointed in that written objection that priest was not examined. sir on whom the burden of proof lies. when she has not rebutted or contradicted the evidences which i filed by not entering into witness box can she say petitioner failed to prove the case by not calling the witness like priest and photographer. on whom the burden of proof lies. is it her duty to call either photographer or priest by sending witness summons when she is denying the marriage.
here the lower court failed to take congnizance of the documents which i obtained under rti act. why lower court has commited mistake by not taking those documents when her self not entered into witness box. she would have called the police conerned to prove those doucments na sir.
Shonee Kapoor
(Expert) 27 March 2012
The burden of proof was on you.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 27 March 2012
Q:when this is the case can she file objection in written objections simply tht photographer was not examined.
Ans: YES.
In fact, u should have written behind all photo, who photographed it, on date/ time, and filed affidavit of photographer, with his address, his cash memo, and offered him for cross exam for proving those photo to be true.
What her Adv did is correct. He will not ask Photographers name etc. , as it goes against him.
As rightly pointed out by Shri Shonee, it is your burden to prove your doc.
