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fighting back (exec)     25 June 2013

Who proves genuiness of audio & video, petitioner or respond

Dear members

request your kind advice

who proves the genuiness of audio/video recordings, the petitioner or respondent

in my divorce case and my DV case, i am going to present audio and video recordings

my video recording is not in the original media, i had transferred it to my Pc, but it crashed

i got it recovered from a professional data recovery centre, now i am going to present it in court

if i claim that the video is genuine along with the original recorder, and the opposite party(my wife) claims that the video is tampered,

then on whom does the onus lie to prove that the video is original, me or my wife?

the forensic tests is very costly in pvt labs, hence will the court tell me to bear the expenses, or will the other party bear it. or is it nominal charges in govt labs.

pls advice, as the video is the sole evidence i have to prove my innocence, but it is not in the original media, and it has been recovered from a crashed computer.

thanks all



Learning

 1 Replies

Adv k . mahesh (advocate)     25 June 2013

if the petitioner has filed as proof then the respondent claims that it is tampered then the petitioner has to prove that it is not tampered and he has to bear the expenses to prove 

if respondent has file proof then he has to bear expenses 

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