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evidence


Is there any time limit/restriction for providing evidence for something that has been claimed to be true via affidavit, in the petition - such as salary?

 

1. If the petitioner mentions that the defendent's income is Rs X and just signs an affidavit, can the evidence (if any) be withheld by the petitioner to be submitted later "at the right time" as a weapon of surprise? There have been many claims and no proofs have been submitted at the time of filing of petition.

 

2. What constitutes proof? Can a copy of payslip or any letter that mentions salary but is not officially issued/signed/stamped by the employer be submitted/admitted as proof?

 

3. A (male) and B (female) have been suspected as being in an adulterous relationship by X (female) and Y (male). X has filed maintenance case against A, while B has filed a divorce case against Y.  Can Y, who himself is not making an appearance there in his own case, appear as witness case between A & X, and can he be considered a credible witness  (conflict of interest)? 

 
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Advocate (criminal)

1. Declarations made in Affidavit are not evidence.There are prescribed parameters in Evidence Act regarding Proved and not proved.

2. Pay slip or other documents have to be proved as per Evidence Act  see Sec. 61 onwards of the Evidence Act.

3. Y shall be treated as Interested witness and his shall be subjected to stricter scrutiny by court. You have to bring all these facts by way of admission during cross-examination of Y.


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@Mr. Arun Kumar Bhagat ... thanks.

 

Could you please specify if there is any time limit for providing evidence/proof for something that has been claimed in the petition to be true via affidavit  - such as salary?

 
Reply   
 
Advocate (criminal)

No. The deponent shall state on oath that she believes the evidence to be true to the best of her knowledge and belief on the date mentioned in the affidavit i.e. swearing day..

 
Reply   
 

Thanks.

 

In that case when/how does the court determine the veracity of claim?

 

At what point the deponent needs to actually submit the proof? Can they submit it without informing defendent?

 
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Advocate (criminal)

1. At the time of giving Judgement.

2. At the time of prosecution evidence. The petitioner shall furnish a copy of the same and you have to cross examine her.


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propra

...................the veracity of claim?......

 

First of all, defendent needs to shift the burden of proving that fact with evidence by disagreeing it crisply in the 'say' of the defendent. The 'say' should be submitted in time.

 

 

Then Prosecution to adduce the all possible evidence against each issue framed.........again if it not challenged by the defense in regards to its relevancy, credibility, authenticity, reliability, conclusivity and concreteness beyond doubt (or prepoderance of probability ) etc...it 'may'/'shall' be presumed as evidence (b'cos defense was given chance to negate it but defense may have missed it)

 

 

Finally if the allegations are 'proved' in the first place, and those 'proved' allegations should be "grave and sufficient enough as a ground(s) for saught relief" to allow for the relief/partial relief saught,  then that relief/partial relief is awarded.

 

 

Ofcourse there is wording in HMA at least as .....Whether defended or not if the Hon Court finds that grounds for the relief exist then court grants the relief; otherwise not.


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