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Ritwik (IT)     05 September 2016

Can personal diary be used as evidence?

In a matrimonial suite (divorce filed by me on the ground of cruelty), if I mention an incident in petiion and as an evidence I show entry from my personal diary written on that given date (no fake stuff, original one), can that be a good piece of evidence? Can it be cross examined? Do I need eye witness on top of that entry from diary?



 7 Replies

N.K.Assumi (Advocate)     05 September 2016

If the contents of the diary relates to criminal conspiracy between you and your wife, it may have relevancy, otherwise it will remain your personal opinion and views only as pointed out by TGK REDDI.

Sidharth   05 September 2016

rightly advised by Mr Reddi

Sachin (N.A)     05 September 2016

The dairy is written by you so it is not an proof it will be considered as your preplanned stratergy.

Vijay Raj Mahajan (Advocate)     06 September 2016

Any document that can show the act of cruelty inflicted by your wife is good piece of evidence provided that is genuine and not forged.

Dairy must be mentioning date and time when your wife malatreated you on particular period that incidence you can state on oath and with help of noting in the dairy you can state its veracity as correct. The Family Court will definately give the statement made by you importance and will assess if that act was really an act of cruelty that is sufficient enough to break the marriage.

1 Like

Ritwik (IT)     06 September 2016

Thanks experts. That said, I see two different set of opinions. Confusing. I have seen other related info on Internet echoing what Mr. TGK REDDI said. 

whatnot   06 September 2016

My guess is how would you bring this as evidence.

 

While you may use passage or particular instance to strengthen your case, once submitted they may choose another date , another incident stated in your diary to state their part.

 

Make sure nothing incriminatin exists.. And also if you don't have any other proof (most of the marriages parties start collecting evidence only after dispute) and you have written diary consistently going back to years.. then you can submit...

It is all big circular jerk. These things gets looked at higher courts..

While I agree with general consensus..you can take a chance and attach it..

Kumar Doab (FIN)     10 August 2018

Presiding Officer is to be impressed.

Next time record irrefutable evidences ( audio/visual/witnessed)


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