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Jaimit   07 December 2025

Email as evidence in court

Case brief:
In a case of 498a, my wife has alleged that when she came to my office along with her father to meet me, I was in office but I falsely passed her message that I'm on a field visit. She has submitted an email saying that the email has been sent by one of my collegues who works in the same office to her father. In the email the collegue has written that I was in the office but inorder to avoid meeting them I had falsely passed on the message that I'm not in office. She has submitted the email along with a 65B certificate signed by her father, during her oral evidence in court. Her father has been examined as a witness in the case before her, but during his testimony he did not say anything about the alleged email, and only during the testimony of my wife the 65B certificate carries his signature. She did not bring the collegue as a witness saying that the collegue has denied giving witness. The email has been marked as an exhibit by the court.

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My Question:
1). Will the allegation be deemdd proved, in light of the email being admitted in evidence ?
2). Does the email carry any evidentry value since neither her father said anything about it in his testimony nor the colelgue has been examined ?
3). Will this fall under hearsay evidence ? If yes, will it carry any evidentary value ?
4). What other arguments can I present ?

Pls. guide me, as this is a fabricated story built by my wife in collution with some of my office folks to frame me in a false case.



 2 Replies

T. Kalaiselvan, Advocate (Advocate)     07 December 2025

1.It appears that the email has been marked as exhibit but it is yet to be admitted as evidence, you can challenge the same in the cross examination and get it nullified based on her contradicting statements.

2. Since her father has not testified anything about the email,  you can argue that the father who had allegedly received  the email has not confirmed, this evidence is not trustworthy.

3. This will not fll under hearsay evidence.

4. You have  to bring out the contradictions properly in order to nullify the witness stattements. 

Jaimit   08 December 2025

Kalaiselvan Sir - Thankyou for your inputs.

Her oral evidence is over. In her oral testimony she alleged that when she came to my office along with her father to meet me, I was in office but I falsely passed her message that I'm on a field visit inorder to avoid meeting her and I purposely did so to harass her mentally. In support of her statement she has submitted the email, but the collegue who sent the email has not been examined as she said that he had denied giving evidence in court.

So, will this be considered as evidence admitted by court ?


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