Will court keep electronic evidence after case completion ?
Ashish
(Querist) 15 November 2017
This query is : Resolved
Hi,
Currently i am fighting two cases RCR(filled by me last year) & Divorce (filled by wife in this year).
Divorce case is on interim maintainence decide stage but since wife & her lawyer refused to take our cross examination in other case whihc is RCR, we got RCR decree last week.
Court in which i won RCR said that he is keeping memory card (electronic evidence) with him after passing decree.
I want to know that if i want to use same evidence in divorce case too so what should i have to do in this case?
Did court in reality keeps original electronic evidence with him after case completion ?
We already submitted a CD containing all the electronic evidence copy like (WhatsApp, SMS, Call Recording & Emails).
Can anyone suggest me right steps i need to take or what i need to say both court regarding evidence court wants to keep.
I
Dr J C Vashista
(Expert) 16 November 2017
Whatever submitted by the parties is the proprietary of the Court, which shall be weeded out after about 8-10 years, if the party (who submitted) do not take it back substituted with its certified copy.
Dr J C Vashista
(Expert) 16 November 2017
Your lawyer is competent and intelligent enough to clear your doubts/questions/queried, consult him till you enjoy his/her faith. Subsequently you may change him/her.
There is no need for a second opinion except that it is available FREE OF COST on this platform, which may differ with your lawyer due to certain inherent reasons of limited/ complete knowledge of facts, individual analytical capability and personal expertise on the subject matter.
Ashish
(Querist) 16 November 2017
If court is keeping original memory card can i have right to ask the copy of it as i have other important data in it which i did not copy as i did not informed earliar court is going to keep it.
If i am not wrong in case if i provide copy evidence to other court where divorce is running in case if op challange its authenticity this court can pray certified copy of other court where original card is kept, please clarify this.
Rajendra K Goyal
(Expert) 17 November 2017
You can take a copy of the electronic record submitted to and accepted by the court by following due procedure. Apply through your lawyer.
Ashish
(Querist) 17 November 2017
Dear Goyal ji i have already filled application of certified copy of electronic record but its denied by court, other lawyers and our lawyer told us to be clam and try later after few period.
But here i did not understand where me and my lawyer is wrong i mean we are not asking original card and requesting court to provide copy of it as it contains other data too.
but let it be, law in India works in this fashion only and one has to adopt it, judge and court are following their duties they are not my enemy.
