Civil Procedure Code (CPC)

498a wife cross

a

dear lawyers/experts - in 498a case from wife, wife's private complaint & chargesheet are same but her chief affidavit before the court is different from them.

last week, my 498a wife faced the cross where she accepted some truth and denied some more. for example, my smt. says she is working before the marriage temporarily in a govt. dept but i got an RTI reply from the same govt. dept. denying the fact the wife ever worked there.

 

1. should i produce the RTI reply in 313 section in 498a trial to expose her lies?

2. should i produce the RTI reply in DV also? will it be helpful in granting no maintenance becasue her lies

3. my divorce lawyer says not to show this in divorce case because this RTI reply is related to maintenance case but not divorce.

4. i have audio/video recording, do i need to take court permission in 498a/DV to present this like divorce. my divorce lawyer says we need court's permission to produce them.

 
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LEGAL CONSULTANT

1.Yes

2.No

3.Lawyer is right

4.Lawyer is right

 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Originally posted by : Ravi
 in 498a case from wife, wife's private complaint & chargesheet are same but her chief affidavit before the court is different from them.

 

This is a very good ground of perjury.

 

1. Yes. If she filed 313 CrPC then you also should file perjury. Why did not you file?

 

2. No, since no work history highlighted.

 

4. Lawyer is right.

 

5. Please make petition u/s 311 CrPC read with Indian Evidence Act to obtain permission. 

 

Please see my profile links for sample petition and other clues.

 
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Legal Evangelist - TRIPAKSHA

I beg to differ from other experts here.

 

RTI Reply is not an evidence in itself. PIO/ CPIO needs to be called as witness to prove the facts stated in the RTI Reply. Hence my replies would be as follows:

 

1. You need to call PIO/ CPIO as witness during defence evidence to prove that she was not working. However, does this has any bearing on the merits of the case? If there is none, just to prove her conduct you want to call the PIO/ CPIO as witness?

2. You should not produce the said RTI reply, as it would prove that she was not working or employed and would hurt your chances of getting low/ no maintenance order.

3. Your lawyer is right. This document has no bearing on your divorce case unless her lie before marriage has some basis in divorce.

4. Only in Divorce case, you would need permission of the court to produce these evidence. All other places (in Criminal Cases), these Audio/ Video evidences can be produced as electronic evidence. For the same an affidavit u/s 65B of Indian Evidence Act need to be given alongwith transcriptt and with the original media in which the audio/ video was captured.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

 
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a

Thank you Shonee sir. your answers actually englightened me. thank you so much. one last question. if divorce court judge disallows my electronic evidence, do i still have the right to produce them in 498a/DV case? or is it automatically rejected there also?
 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Sec. 311 CrPC is as follows : - 
 
Section 311 in The Code Of Criminal Procedure, 1973
311. Power to summon material witness, or examine person present. Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or. recall and re- examine any person already examined; and the Court shall summon and examine or recall and re- examine any such person if his evidence appears to it to be essential to the just decision of the case.
 
Please make a petition in both divorce and criminal cases to obtain such order.
 
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Legal Evangelist - TRIPAKSHA

@ Ravi @ Rockysmith,

 

Divorce cases would run as per CPC and not as per CrPC. Hence CrPC has no application in Divorce Case.

 

Now coming to your query @ Ravi,

 

In 498a/ DV cases you can produce the electronic evidence to prove your innocence. The recordngs would be admissible strictly as per the rules of electronic evidence. For your knowledge, I would like you to go through the below links.

 

http://www.legalservicesindia.com/articles/trc1.htm

http://www.sahodar.in/divorce/use-of-electronic-evidence-in-matrimonial-dispute/

 

And why the same may require permission of the court is available at:

http://www.sahodar.in/topic/delhi-hc-issues-guidelines-for-using-conversation-email-chat-in-family-dispute/

 

Hope that clears your doubts. In case, you still have any queries, feel free to write back

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

 

PS: Hominem unius libri timeo

 
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a

Thank you Shoneeji.

the audio recording that i have is the voice of my 498a wife, her parents. all of them were shouting and screaming and abusing me and my family memeber. they screamed continuously for 4 hours durations. i kept silent and recorded the whole galata.

since all of were shouting and screaming at the same time, my lawyer says the audio is not having any clarity except few places where my 498a wife talking and that'd go against her as the cruel behavior and that can help me in divorce case.

in such cases where voice and sound not clear, how do we prove the judge that they are talking nasty about me and my family for 4 hours continuously?

 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Originally posted by : Shonee Kapoor
@ Ravi @ Rockysmith,

 

Divorce cases would run as per CPC and not as per CrPC. Hence CrPC has no application in Divorce Case.
 


 

@ Shonee Kapoor,

 

Please look CHAPTER XIX (MISCELLANEOUS PROCEEDINGS REQUIRING JUDICIAL INQUIRY. ) of civil manual.

 

Miscellaneous Judicial Proceedings (CrPC) that required judicial inquiry can be filed in the civil courts also and the judge has power to transfer the same to the trial courts having jurisdiction.

 

Example: - As we can file CrPC 91 & CrPC 340 againt sec 24 HMA in the family court itself.

 

 
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Legal Evangelist - TRIPAKSHA

@ Ravi:

 

Understand it like this. I lost the phone having recordings; I can not produce it. The evidence is wasted.

 

If the voice is not clear. Clarity and Cohesiveness is not there, making court accept it would be an uphill task. Your lawyer has heard the recordings, so he is the best person to judge and advise you about its admissibility.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

 
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