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victimoffraud   02 December 2015

How to prove printout without original?

i have printout of my wife's matrimonial ad online and took printout but she deleted the original when she came to know that.

how can i prove that she gave matrimonial ad?
 
edit: she had put up her profile that she is not marreid in bharat matrimony when we were very mcuh married. it's been about 1.9 years since i took the printout. she had deleted it immediately the next day.


 10 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     03 December 2015

Dear querist can U come out with more details for a better suggestion to Ur query? Because when U are submitted a document which is evidentially important,U have to prove it.If it is proved false in court,then the opp party has a chance to file u/s467ipc against U.

G.L.N. Prasad (Retired employee.)     03 December 2015

If the system is still in your custody, there are specialists whocan retrieve that from hard disc (even if it is deleted, one may delete, but it can not be permanent removed from system's hard disk) and there is a procedurel of knowing the origin, time, date and when she has sent that advertisement, that concerned agency must have received that copy in their site.  Though she might have removed it, the advertisement must reached the agency and there are ways to get it from agency and the ways you have to find it out yourself.

SAINATH DEVALLA (LEGAL CONSULTANT)     03 December 2015

Mr Banta,

Add value to UR suggestions.I am not reacting to UR unparliamentary reply on my suggestion.But suddenly U changed UR profile to "LEGALITY IN BUSINESS TRADE AND FAMILY LAW" where did U get it from.

Dear Querist at this stage better rely on UR local lawyer and take his suggestions as he will be the person assisting U physically in the court.I have given U only the possibilities.

 

prabhakar advocate (advocate)     03 December 2015

There are two methods to prove this document.

1.  File the print out.  It is secondary evidence.  If wife refuses to admit this document, then to prove it send summons through the court to the advertisement company and the official from there come with his record and prove the document.  He should also to prove that this advertisement has been published by or under the instruction of your wife.

2.  To prove the printout as explained by Mr. Prasad above.  In this procedure, you cannot prove actually your wife has placed this advertisement.

At the end, I have got my own doubts how much relevant it is to prove this matrimonial advertisement, because my experience tells me that the parties more often than not, rely and sweat out on irrelevant facts and documents.  

G.L.N. Prasad (Retired employee.)     03 December 2015

Members can only suggest and it is ultimately the queriest  and his advocate that has to decide depending on practicability and suitability.  It is fair if members stop commenting on other's reply, and it is suffice if it is corrected, as perceptions differ.  An advocate need not have competency in every department, and more on the technical intricacies  in modern age, and it is client that has to explore all other ways for suggesting or helping Advocate to strengthen the case. The issues involved in the post are two.

1)How to retrieve data ?

2)How to establish that as documentary evidence before Court ?

prabhakar advocate (advocate)     03 December 2015

@Mr. Prasad, if your latest response is in response to my response to the queriest, I make it clear that I did not intend or want to offend you.  In fact, the suggestion you gave in your first post was time and again reiterated by the courts (if I remember correctly lately in Afzal Guru's case by Suprme Court) in relation to prove the electronic document.  Besides, I have been benefited on several occasions by your posting on the similar issue.  So, no offence please.

victimoffraud   03 December 2015

brothers thankyou for your reply. i have added replies to your queries in my post under the tag "edit" .

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     03 December 2015

I entirely agree with the valuable suggestions given by S/shri.GLN Prasad  and Prabhakar .  Replies of both of them covered right options available to the querist.

Born Fighter (xxx)     06 December 2015

Victim of Fraud, 

 

Can you tell us what is it that you want toPROVE if the advertisement is proved to be created/uploadaed by your wife ??? This will decide whether it is worth to dig deep and pull out the doc

 

Let me tell you from experience you cannot prove that the Profile was Authored / uploaded by your wife. The matrimonial portal company even if it provides IP Logs cannot PROVE the profile was created by your wife, As anyone can use your wife's PC without her knowlede and create the same.

Read the Terms and conditions of the advertising company, they themselves say that the users of the site have to do their own due diligence in relying on information provided and they will not be responsible in any way if there is any dispute ......

So mostly you will be wasting your time as your wife will comfortably say that she has not created the profile /she doesnt remember /there was an error / and mind you...can even turn back and say the said profile was created by YOU using her computer.

So focus on more important evidences that can be proved in court of law unless if your intentions are to delay the matter..

 

 

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     21 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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