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Fighter   12 February 2016

Evidence affidavit in divorce case

Should I disclose all evidence at Evidence Affidavit Stage only or I should wait?

I have few phone call recordings of wife thretening me. How I should submit those? CD OR Transcriptt?


 6 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     12 February 2016

You can make a format of List of Dates and Events (Format may available in any legal document shop known as FIRISTI) and list of date wise events with supporting documents copy (including electronic evidences) as annexures and submit it along with Perjury petition.


These are circumstantial evidences (indirect evidences). Genuineness of such evidences are the part of judicial inquiry and hence should be filed along with 340 CrPC read with 195 CrPC (Perjury).


Please see my profile for sample petition and FAQs

1 Like

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     12 February 2016

Disclosing evidence is not optional.You have to submit all the documentary/ electronic evidence you rely on alongwith your petition/writtne statement. In case you have not done so, then you must move an approrpiate application seeking leave to file them on record.

Unless you do so now, you shall be precluded from filing them again.

fighter (Software professional)     12 February 2016

Augustine ji i heard that civil cases run like that:

PLaint and supporting affidavit

REply of defendent

Documentry Proof affidavit by plaintiff and cross

proof affidavit by defendent and cross....

am i right or not??


Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     12 February 2016

Yes but in the stage for leading evidence by the petitioner, he can only rely on evidence he had produced along with his petition. He cannot file on record any new document.

sai narayana   12 February 2016

Dear Augustineji, Pls clarify at what stage, documents supporting petition should be submitted? Along with petition itself or plaintiff witness/evidence stage?

Advocate/CS Sanjeev Kataria ( Advocate)     13 February 2016

Matrimonial matters are not handled strictly in accordance with the CPC, family court act grants discretiaonary powers to court to relax any provision of law. While submitting evidence, you need to file all the documents in your support. Recording can be submiited in CD, it is advisable to subit the CD with hash value certificate

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