Evidence attached to divorce petition

johan (Querist) 15 July 2015 This query is : Resolved
My wife has attached emails of conversation in between us to her divorce petition. in which I made an admission since she requested an apology. I have learnt that this admission cannot be taken as evidence under section 23 of the indian evidence act. Should I ask my wifes lawyer to amend the petition to delete the prejudiced evidence or should I register a complaint to the judge. Is it ethical to include prejudiced evidence in a petition?

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Kappil Cchandna (Expert) 15 July 2015
Sir,

Section 23 is clear that it should be mentioned that the same will not use against either party in the court of law ...i.e. without prejudice and all.

I believe that your communication is somewhere protected by 122 of the Indian Evidence Act, because the same being a privileged communication.

Warm Regards
Kapil Chandna Advocate
9899011450

Kappil Cchandna (Expert) 15 July 2015
http://www.legalserviceindia.com/article/l96-Privilege-In-Matrimonial-Communication-And-The-Abuse-Of-Its-Sanctity.html

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