What evidence needs to be submitted while filing

Adv. Virendra (Querist) 19 June 2012 This query is : Resolved
There is the first Restitution of conjugal rights petition that I am going to file, it appears simple, but... The facts of the case are ...the couple got married at an early stage, (both majors. Parents of wife kept on indulging in the life of the couple. Wife kept on going to parents home 15 days a month. couple has family relations. So earlier husband and his family did not object.
On one fine day, the parents of the wife took her back for a few days, she is not coming back.Husband and his family went a number of times, but of no avail.Both families are not educated, so nothing goes on in writing except, the marriage invitation card.
Should I give a list of witnesses including the family members/ neighbors of the husband as witnesses ? what documentary evidence should be there ?
pls. help

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 19 June 2012
This situation can be got observed even in the educated families wherein no documentary evidence in support of the marriage exists. In the given case affidavit supported with the invitation card is the only available evidence with you coupled with the oral evidence. List of the witnesses should definitely be given.

Raj Kumar Makkad (Expert) 19 June 2012
Otherwise also there are little chances from the wife side to deny the marriage with your client.

Adv.R.P.Chugh (Expert) 19 June 2012
1. List of Documents is required to be attached with the plaint as per O7 R14A. only those documents are exempt which may be used for cross examining the other party or refreshing own memory, rest all documents are required to be attached. But apart from what has been said above you have no documentary evidence in such cases.

2. List of Witnesses has to be filed within 15 days of framing of issues.

Shashikant V. Patil (Expert) 19 June 2012
Do not forget to add the name of Pandit, who solomnised the wedding ceremony.

SAINATH DEVALLA (Expert) 19 June 2012
Well my friend Virendra,
Submit every concrete available evidence and witnesses to make the case strong,Concentrate on the negatives of the defence.