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Spatika   20 November 2025

Marking of dicuments

Regarding documents submitted for marking

I have few queries:

1. Will xerox be accepted for marking? The document details from computer was taken via print and while certifying them as health records taken in paper, this letter with seal (original) was kept by hospital and xerox of this cover letter was given. Rest health records are print taken from computer by hospital. But this was rejected saying xerox. So clarity is needed, can thus be pleased for taking into scope.

2. Can the health related details of opposite party be submitted - say I have health records hard copy of the opposite party to substantiate certain facts. Will this be taken for marking or not taken (is so reasons pls). 

3. If during marking, there is a wrong understanding and mentioned that the document is not taken into consideration and due to lack of time and situation, it could not be reiterated, can the same be taken and pleaded in next hearing to clarify and taken for marking (marking is inprogress and not fully completed int case) else or do I need to put permission petition.



 5 Replies

T. Kalaiselvan, Advocate (Advocate)     20 November 2025

  1. The photocopy of the documents are not allowed to be marked as exhibits or primary evidence, you may obtain a certified copy of the proposed document from the hospital with their seal and signature instead of fighting with the court on non maintainable issues.
  2.  If the documents that you produce before court are relevant and reliable to the subject matter then the court will accept the documents in the original form.
  3. If the marking of documents, though produced before court in advance, was not completed due to lack of time for the court owing to its other essential commitments, the matter will be adjourned to the next hearing with the same adjudication of marking of documents

Dr. J C Vashista (Advocate )     21 November 2025

  1. If you cannot bring original of the document or author of the document to prove it, same  can be marked which will be read as secndary evidence.
  2. If you have original record of opposite party it is admissible in  evidence as primary evidence, which you should confront and exhibit in his / her (opposite party) cross- examination. 
  3. It shall be submitted during examination of concerned witness, however, the witness can be recalled by the permission of court.

Prima facie entire question paper / queries appear as examination hall question paper without facts / dispute of the case and locus standi of the author.

Spatika   21 November 2025

I submitted photocopy of documents and requested for comparison with originals (as it was mentioned that in family court t's fine if copies submitted are "compared with originals" and originals will be compared and returned back. Is my understanding correct?

So for point: 2, I showed originals. Even if it was mentioned to keep originals, I would have given it, but it was mentioned that I cannot give details of Respondent - that's what I got confused and couldn't get back further on it. My point was if it is submitted to substantiate the facts in flow on case in proof affidavit, why was it not taken?

Any document to substantiate facts for the case - be it their own records or opponent details can be submitted - is my understanding right? It was mentioned iam nit supposed to submit those if respondent?

Pls share your inputs experts pls.

Also if I gave salary records of redpondenr (even if it is a couple of years before) and respondent side hasn't submitted any financial documents(salary, bank etc), I can submit what I have right? Due to above rejection, iam not clear and couldn't take the above exhibit to be marked.

T. Kalaiselvan, Advocate (Advocate)     22 November 2025

Your further post involves practical issues for which your advocate will be the better person to throw light to your queries in this regard.

Dr. J C Vashista (Advocate )     22 November 2025

It is first time you have mentioned about availability and production of "originals" of the documents relied upon by you, accordingly informations provided in bits and pieces can/shall be damaging the opinion formed by the experts.

Seek advise of the lawyer engage / paid by you, without relying upon the obligation of experts which is based on incomplete and half-baked inputs provided by you.   


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