Caw cell proceedings
Nitin
(Querist) 13 May 2012
This query is : Resolved
Thanks experts for replying to my query @ http://www.lawyersclubindia.com/experts/Stay-in-gurgaon-498a-in-delhi-296661.asp
I have attended two meetings in Delhi. The CAW cell is now convinced that this is a false case, but still asking me to pay up beyond my capacity and get divorce.
I have recorded what the IO said about this case, but people are telling me I should not use this recording in court.
What shall I do?
ajay sethi
(Expert) 13 May 2012
you can express your inability to pay beyond your capaciry . be firm in your stand . agree for diovrce by mutual consent .
dont rely on recording s with IO
Adv.R.P.Chugh
(Expert) 13 May 2012
I don't find any reason on why this cannot be relied upon - if the IO goes on to exploit your inability to pay by making out a case against you, when she comes to depose in the court at evidence stage. You can lead this recording in defence as electronic evidence, which would destroy the credibility of her testimony.
Though anything said in concilliation proceedings is priveleged communication as per S.23 of the Indian Evidence Act, but the said provision is inapplicable to criminal proceedings.
Regards,
Bharat
Advocate
Shonee Kapoor
(Expert) 14 May 2012
Hmmm,
Whether to record anything in mediation center. NO
Though IO is telling you off the record to settle, be firm.
When the other party is ready to settle the matter, the price would come down soon.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
