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FightForCause (Businessman)     04 June 2015

Documents admitted but not exhibited

Respected Members,

Cross of wife going on and I submitted a list of documents during her cross which includes Hard copies of photographs and emails. Documents were shown to wife and she admitted many documents, which were also noted in her deposition as " Complainant has agreed on documents with serial number 1,2 ,3 ,4 ,6,7,9 submitted by Accused . Complainant also accepts that she has these photographs and emails with her". 


But when i enquired none of the document has been exhibited even though i have submitted an affidavit u/s 65b of Indian Evidence Act.

Can I put an application to judge to mark these documents as Exhibits?. Cross of wife still going on, so i feel i have chance to get them exhibited. 

Judge is not keen to exhibit as till this point of time none of the allegations of wife are supported by any evidence and Judge seems to be keen to acquit me based on that.

Judge do not wants any evidence from my part as onus lies on complainant. I do want these documents to be exhibited so I can directly use them in other cases and do not have to go through this process again.


Kindly guide.


 6 Replies

FightForCause (Businessman)     04 June 2015

Kindly guide


Mr. Fight for Cause,

U have again deviated from UR original post.Yesterday U posted regarding permenant alimony.How many threads are U going to use?

FightForCause (Businessman)     04 June 2015

Sir, That was for Divorce case so had posted in Family law Forum...this is for 498a. Hope it clears.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 June 2015



When you were cross-examining your witness and you put a question about the documents. Did your lawyer/ you asked that Exhibit D-1, Exhibit D-2 etc etc or asked Document Marked 1, 2 3 or simply Document A, B, C etc. Exhibits only would be read in the evidence and not any other document.


A document has to be exhibited simultaneously while being put to the witness and not at a later date. 


This opportunity is lost, You can exhibit these documents at the stage of defence evidence now.




Shonee Kapoor 

FightForCause (Businessman)     05 June 2015

Shoneeji , I tried my best to get them exhibited but Judge was adamant that no need to mark them exhibits. He said let first complainant prove cruelty then your documents would b considered. I will try to put an application to mark all those documents as exhibits which wife hss admitted by using bipin shantilal shah vs gujrat state case.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 June 2015

All the best.

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