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(Guest)

Divorce proceedings

Dear Respected Experts....... following is my query:

i have a very strong evidence against my husband which will prove that 90% its my hubby's and in-laws mistakes.....and when i was living with my husband i told him that i have that particular evidence against him and i will use that for sure...but when i filed domestic violence case last year i didn't disclose that evidence in the court....later jab mere hubby ne rejoinder file kia toh he mentioned ki maine ek evidence create kia hua hai uske against and main apni married life spoil karne k liye responsible hun....later when i filed the replication toh naa toh maine iss baat ko accept kia and naa hee deny kia.....

now my hubby has filed divorce but i have not submitted my w/s as of now....my question is now can i use that evidence against him under divorce case ??

....court aisa kahegi ki jo baat maine dv act case mein mention nahi ki toh ab uss baat ko main divorce case mein bhi use nahi kar sakti ?? if i use that evidence under divorce case toh kya judge will say ki maine dvact mein kyun disclose nahi kia ?? will that create  a problem? please help



Learning

 4 Replies

Tajobsindia (Senior Partner )     02 October 2012

1. Both cases are run on different intent and objects. Evidence but natural can be same as parties to litigation are same and can be offered on board as and when appropriate opportunities arise by the person holding on to it.
2. You may use it in divorce and you may also use it in DV it is your Evidence.
3. If used in divorce then it is for the Court to ponder over it and deny him divorce. If used in DV then it is for the Court to say aggrieved person has established her case. Right now from facts it seems the stage has not come to use so called "silver quality" evidence by the person holding it! 

4WhatIsRight (partner)     02 October 2012

yes , you can.

what is the exact subject matter of the complaint that u have filed, is the evidence consistent.


(Guest)

@ tajobs: thanks a lot for your feedback

498 A fighter (Advocate)     03 October 2012

Shalini what evidence you are giving to court the first liability  is on  you that it should be concreate and you can put it as true fact ?

that eviedence is related / have concerened with your demand /allegation in petition.
It must fulfil the criteria of your case.

your husband is saying that it is fabricated , so also take care that is your husband is able to prove that it is fabricated by you?

if he prove that then he may file counter case against you.so be careful and inspect all the aspect as he know what you are going to put as an evidence against him.

It was your mistake that when you are fighting the case then you must put that evidence in the knowledge of court so that it will be become 100% pakka sabut, at least mere indication is sufficeint no need to hide it as you told your husband knows it and you told him you will use it.

you your self telling that it works upto 90% , means for 10% you also have doubt better first try to make it 100% effective. and then use against him.


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