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karan30 (member)     14 November 2013

Evidence/cross-examination

Hi friends,

    In dv case, is  the petition filed itself considered primary evidence? If in her cross-examination she will reiterate same things mentioned in the petition, will those be considered proved...

she had attached 1 medical certificate from a private doctor for a minor injury, but as per this forum i got to know tht medical only from a government hospital is considered proof...

& knowing how cunning & smart she is , I know she will not falter in her cross..so things mentioned in her petition will be considered proved as true then?

 

Please help



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 5 Replies

T. Kalaiselvan, Advocate (Advocate)     14 November 2013

The petition itself cannot be a primary evidence, she has to depose fresh evidence before the court, though the contents may the same along with the documents which she intends to be marked as exhibits.  the onus to prove lies on her, during cross examination you drill her with your questions about the veracity and authenticity of her allegations, ask your lawyer to be vigilant enough while marking the documents to object them if they do not conform to the pleadings. Further it is not necessary to consider whatever she told to be taken as fact.

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karan30 (member)     14 November 2013

Thanks sir, will each evidence docs will be considered or are to be proved during cross,or only docs which are marked as exhibits needs to be asked & proved during cross examination, eg, her medical from private doc,can we object to that to be marked as exhibit...thanks in advance  for help

T. Kalaiselvan, Advocate (Advocate)     15 November 2013

You can object t marking of a photo copy of any document, a document irrelevant to the case and the pleading, a document which has no reliability, a document appearing to have been fabricated.  You can object to the marking of documents in the marking stage itself, you do not have to wait until the stage of cross examination.  The burden of proof to prove her documents lie on her only.

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karan30 (member)     17 November 2013

Thanks for response, its not easy to understand these legal procedures, so since burden of proof lies on her thus if she reiterates things mentioned in petition in her cross too those will be considered proved..also do we have to cross her for the documents which will be marked or on every evidence she submittes.

T. Kalaiselvan, Advocate (Advocate)     19 November 2013

You certainly have to cross examine her on the basis of the documentary evidences she had deposed in her evidence unless it will prove fatal to your case.  Ask your lawyer to object to marking of  photocopy of any document she intends to mark while deposing her chief examination and also to object on the documents which are irrelevant to your case.


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