Evidences originals or attested photo copies
Dr. Shekhar
(Querist) 29 September 2015
This query is : Resolved
Judge is emphasizing to file file only original marriage certificate and not the attested copies are acceptable. Please let know which section of CPC deals with the legal requirement of filing evidences?
Dr. Shekhar
(Querist) 30 September 2015
The certificate regarding registration of marriage in case of ex parte divorce
P. Venu
(Expert) 30 September 2015
Please provide the complete facts.
Dr. Shekhar
(Querist) 30 September 2015
Sir, Thanks, The complete facts are that the case has been ordered for ex parte evidences. The respondent has received the petetion and summon but not appeared yet. No at the evidences tendering stage the judge is wanting to file the original of marriage registration certificate instead of the overseen and return.
So is there any law which says that the originals are not necessary to be tendered.
K.S.Srinivas
(Expert) 30 September 2015
Under order 11, rule 14 of the CPC, deals with the legal requirement of filing evidences.
Dr. Shekhar
(Querist) 30 September 2015
Sir, below are the wordings of the rule 14 order 11. Production of documents.- It shall be lawful for the court, at any time during the pendency of any suit, to Order the production by any party thereto, upon oath, of such of the documents in his possession or power, relating to any matter in question in such suit, as the court shall think right; and the court may deal with such documents, when produced, in such manner as shall appear just.
But it does not anywhere says that court cannot force on not production of originals. or the originals to be returned or should be overseen and return by the judge or court, if the parties so desire.
Sir, if there is any judgement which decides that the petitioner can request for the return of original document evidences as overseen and return. Kindly help me with those.
Guest
(Expert) 05 October 2015
Dr. Shekhar,
Before I respond to your query appropriately, I would like to know --
1) Who is the respondent in the case (husband or wife)?
2) Is there any specific reason that the lawyer of the case has not been asked the question that you have posted here? Also, if asked, what was his reply?
3) Is there any specific reason that the petitioner does not want to submit the original documents before the court?
4) What specific purpose is likely to be achieved by opposing the order of the judge?
5) Do you believe that the judge would order for ex-parte divorce without his satisfaction about the marriage having actually solemnised or not and when? and lastly,
6) How you are concerned with the case?
