125 CRPC

Querist : Anonymous (Querist) 21 September 2010 This query is : Resolved
Can Judge of family court deny to accept video recording in which wife's proof of employment is recorded that she is running a beauty parlor and earning 8to 10K.

I have submited reply and judge fixed case for argument.

Will judge not ask her to prove whatever she has stated in her petition. Or will judge not ask me to prove whatever I have stated in my reply.

When I can show that video in the court. Is it lawfull that without any proof judge will fix date for argument.

If argument happens without any proof, can judge pass order for maintenence,

What is the remeady for the same

Kindly reply ASAP.
thanks

Follow Query

Report Abuse

Daksh (Expert) 21 September 2010
Dear Anonymous,

Without appreciating the documentary/and otherwise tendered evidence it will not be appropriate for a judge to pass an order. To be on a safer side you may do two things i.e. firstly in so far possible submit the transcript of the video you are having Secondly while at the time of leading your evidence and at the time of her cross examination you can formulate/draft and ask the specific question in relation to the same which will have to be adjudicated and decided by the court. Last but not least you may make an application for appointment of a court commissioner to visit and examine the authenticity or your version.

Best Regards
Daksh

Uma parameswaran (Expert) 21 September 2010
Submit before the court to mark it and note the objection .

Devajyoti Barman (Expert) 21 September 2010
You can get the CD of the recording exhibited if the wife does not dispute its authenticity , else you have to call for sending the same to the FSL for proof of its authenticity and thereafter it will be exhibited..

Querist : Anonymous (Querist) 22 September 2010
Thanks for your reply. I have marked this as an objection in my reply. Devo jyoti sir, can you please confirm me that do I have to send this recording to FSL by myself or its a matter of court to see the authencity of the recording. By the way its a 3GP (MMS)in my mobile for around 16 minutes. Can this be authenticated by FSL. Please confirm. Thanks

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now