Pavan Kumar Sandur (others) 21 July 2011

E-Mails as evidence in RCR/Child custody case

Learned Friends,

RCR and child custody filed (I am the plaintiff) December 2009, has come up for trail.I have submitted a few e-mails which I had sent to my wife from my work/ office e-mail client as part of evidence, to prove my efforts at reconcilliation. In the e-mails I have requested my wife for reconcilliation and to allow me to see my only son. Opposition counsel has disputed the e-mails as evidence.

Questions:

1. What should I do to prove e-mail authenticity? OR is it left to the court to accept it or not.

2. Are there any precedents of e-mails submitted as evidence in matrimonial cases? please provide judgements if possible.

3. What information/documentation is normally sought in these situations?

4. What actions should I take, proactively, to prepare documentation?- that is-get information/documentation from my work place, as the mail has been sent from my office/work place client server.

I have not been allowed to see my son for more than 3 years now, the e-mails are the only evidence I have to show that I have time and again requested my wife/brother in law to allow me to see my son.

Please help and advise.

Thanks and Regards,

Reply Follow

4 Replies

Daksh (Student) 21 July 2011

Dear Mr.Pavan,

Kindly refer to Section 65B of the Indian Evidence Act for this purpose.

Best Regards

Daksh

Parth Chandra (none) 21 July 2011

Dear experts,

I have similar question on the same line

1) Wife left home and after one month filed all sort of cases (498a, 125 crpc, DP)

2) In the first hearing of 125 crpc (after two-three month of separation and one month after receiving notices) - in reply we filed that she left on her own without reason and I want her back.

3) Since then around 1.5 years have been passed and we are cotinuosly maintaining ground mentioned in point-2 in all our replies/affidavits (As she filed DV - Divorce etc later on).

Now - in recent rejoinder affidavit in Divorce petition - wife has mentioned that we haven't made any efforts to reconcile or to contact her (which is not true as apart from our replies and affidavits, we have continuosly asked her to come back even during counsaling, mediations, lok-adalat all these times).

However RCR has not been filed (thinking that no point of filing RCR if she is not interested to come and this would increase litigation expenses for me)

Based on above details is Wife's stand that no efforts have been made is justified?

Awaiting expert opinion.

Regards,

Pavan Kumar Sandur (others) 21 July 2011

Dear Daksh,

Thanks for the prompt reply. Please pardon my ignorance in reading/understanding legalese.

Section 65(b) of the Evidence Act reads as follows:

When the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest.

Please advise if my understanding is correct.

The authenticity of the e-mail evidence will depend on the defendant admitting in writing .

Else, I need to prove it against the defendant.

My question is, how to prove it?

Are there any precedents to this?

Are there any standard procedures for proving e-mails as evidence?

Thanks and Regards,

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 29 July 2011

How to prove emails:

Download the emails in a client server and cut the same on a CD/ DVD

Present the CD/ DVD alongwith printouts of the relevant mails and an affidavit, that such mails were cut on this CD/ DVD as backup from the original server/ laptop bearing no. xxx etc.

Regards,

Shonee Kapoor