Divorce petition, evidence stage
galsober@yahoo.co.in
(Querist) 05 June 2012
This query is : Resolved
I am fighting divorce case against wife at Distt Judge court (cruelty ground). Next date is for my side evidence. Wife tendered false criminal complaints against me & family members (498a etc), her complaint died at CAW cell only. I have RTI copies of her complaint as well as CAW closure report. Other relevant applications against me, inquiry reports by various police officers are with me via RTI. In my petition I have mentioned & attached these copies already. These documentary evidence may help me much down the lane. Queries
1) In the forthcoming “petitioner’s evidence” date, should I summon the records officially by applying in the court+ depositing fee etc. OR certified copies lying with me are sufficient. Which document is considered evidence “legally” in such a scene? This record is spread over 3-4 police offices in different districts…………. moreover it will delay the process. So I want record summoning step only if ABSOLUTELY NECESSARY.
Some documents are not throu RTI, these are photo-copies (receipt-copy)
2) Lawyer advised my father + mother’s evidence too. In Sec 13 ia, does it count if parents state that the wife misbehaved with them too? Events of cruel behavior happened within 4 walls of the house only. If my parents make statement, doesn’t the court considers it that they are ‘interested-witness’?
I want to drag both aged fellows ONLY IF IT HELPS ME IN SOME WAY.
3) 1-2 friends of mine are ready to give evidence against the wife in witness box too……but as usual they are scared about courts lengthy procedures, cant spare time frequently for me+ do not want their job to be jeopardized. I also want them to be in comfort if they are standing by me. If they give evidence from my side, how much they have to bother in court-proceedings, how many minimum-maximum visits are required normally for such witness?
Thanx in advance.
Devajyoti Barman
(Expert) 05 June 2012
1. Certified copies of public document is valid secondary evidence. So you need not summon the officials.
2.Yes, parents are material witnesses in matrimonial proceedings.
3.They would only need to be present for few hours on the dates fixed. It is not so harassive.
Arvind Sehdev
(Expert) 05 June 2012
Totally agree with Mr. Barman
ajay sethi
(Expert) 05 June 2012
yes agree that certified copies are valid admiisble evidence . you must as per your lawyer advice examine tour parents
R.K Nanda
(Expert) 05 June 2012
Agree with experts.
Guest
(Expert) 06 June 2012
Agreed with Mr.Burman.
