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Mr Jain (xyz)     22 September 2014

Crpc 125 electronic evidence

my wife has filed CrPC 125 and final order has come in the order she is allowed Rs. 15000 p.m. and minor daughter is allowed 5000 p.m. I want to go for revision. order was announce on 14/08/14 and i received the true copy of order on 15/09/14. I want to know by what time i can file for revision. i.e. timelimit for revision

she used to quarrel and talk loudly continuously for 2-3 hours also used to beat me and the child. In my defence I had submitted pictures, audio and video recordings taken from my mobile and submitted in the form of CD. but court has not taken them into account mentioning that it does not fulfil  conditions of cl.65B (2) (a) to (d) of indian evidence act. kindly guide me how to ask court to consider them in revision.

also, I had submitted hard copy of email that i wrote to my father mentioning the torture she inflicted upon me. I email is still available in online in email account of my father. but court has also not taken it into account and even not mentioned any reason for not counting it.

also court has considered all allowances as well as reimbursement for calculation of pay despite our argument that reimbursements like local travel expense reimbursement and literature reimbursements should not be counted as they are reimbursed against actual expense incurred for company's work.

please guide me.



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 6 Replies

Tajobsindia (Senior Partner )     22 September 2014

@ Author,


1. 90 days, limitation is counted from date when certified copies of trial court received.


2. E-records are admissible as documentary evidence. (Sections 3, 65A, 65B) Ref.: State (NCT of Delhi) Vs. Navjot Sandhu, SAR Gilani & Ors.[AIR 2005 SUPREME COURT 3820].


2.1. I am not sure if you sought to prove the electronic data already on record and the updated electronic data under Sub-section 1 of Section 65B after complying with the provisions of Sub-section 4 by filing affidavit of an officer accompanied by the requisite certificate in trial Court? Thus consult with another local Advocate with case file and seek local opinion.


3. Any variables such as allowances and reimbursement of respondent in a civil maintenance case are not taken into account while awarding maintenance to applicant.


[Last reply]

Mr Jain (xyz)     22 September 2014

thanks Tajobs sir,

can you provide order copy or citation of case mentioned at Point 2.

is mobile recording  also counted at evidence in 65B

can you also provide citations of High court or supreme court in support of point 3

fighter (Software professional)     22 September 2014

CD will not be admissible as this is secondary evidence.If you taken pic by mobile..u have to submit mobile in court.And for sms also u have to submit mobile.For recording also u have to submit original device.For email u have to submit affidavit as per section 65 B with hard copies of email.

Mr Jain (xyz)     23 September 2014

thanks fighter,

but it is stored in the memory card of mobile. and not in the mobile's internal memory, so submitting only the memory card should be sufficient.

fighter (Software professional)     23 September 2014

Mr jain..do one thing..put memory card in same mobile and submit mobile with memory card..

rebellion (fighting against bias law)     24 September 2014

If we have taken backup somewhere of those recording not present in phone what is the provision to prove it. 

Also few are videos to they are not doubt full at all so could they be given in CD

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