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Thirumalai   11 November 2019

Evidence in exparte proceeding

Sir, my hmop case was filed against my wife due to her adultery. The proof of adultery is a child born to her with another man as his husband and i got its birth certificate from online. now hmop filed against her as r1 and added him as r2. court sumon was duly served to r1 and r2. both are absent hence exparte evidence was called for.  i have to prove the birth certificate by calling registrar of birth to produce and give evidence is sufficent or else village administrator officer to be called to identify child and his parent r1 and r2? Kindly give me the details how to prove birth certificate since the case is exparte one where i have to discharge the burden of proof?

Thanks and regards



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 3 Replies

Sb Karma   11 November 2019

Originally posted by : Thirumalai
Sir, my hmop case was filed against my wife due to her adultery. The proof of adultery is a child born to her with another man as his husband and i got its birth certificate from online. now hmop filed against her as r1 and added him as r2. court sumon was duly served to r1 and r2. both are absent hence exparte evidence was called for.  i have to prove the birth certificate by calling registrar of birth to produce and give evidence is sufficent or else village administrator officer to be called to identify child and his parent r1 and r2? Kindly give me the details how to prove birth certificate since the case is exparte one where i have to discharge the burden of proof?

Thanks and regards

 

 

JUST BENCH CERTIFICATE COPY TO THE TABLE,

they will check and send summons for evidence(if required),you just table the copy to the judge

 

G.L.N. Prasad (Retired employee.)     11 November 2019

In case of public documents, you can obtain an original or certified copy by paying such amounts to Birth Registrar, and that certificate is valid as documentary evidence.  You can also file RTI Application and obtain a certified copy the application submitted for the issue of such Birth certificate and other documents like information from Hospital etc.

Real Soul.... (LEGAL)     11 November 2019

You should make the evidance stronger as you have chance to prove a better case. Though ex parte evidance is not too much lenghty,but take the adavantage and bring as much evidance as u could;if you can bring Village members that would benifit you in future as you will get less challenges...


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