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Naresh (In search of job)     02 March 2012

Query regarding marking a court document

Dear Experts,

I (husband) filed a divorce petition for which wife alleged I'm impotent and later she filed an IA petition to get the medical test done to find out impotency of husband by medical board. So, I was sent to medical board and the result came in my favour.

In this regard, I have the following question.

When the result came, it is only marked as court document, but I want it to be marked in either petitioner or respondent document. But, when we asked judge to mark as wife's document, since this report has come as she asked for it, judge refused to do that since it has not come in their favor.

(1) Now what options I have, how to proceed further?

(2) Will there be any issues, if it remain as court document, without marking under either petitioner/respondent document?

(3)If it remains as court document, can we use it as evidence to support our cause?

(4) Please explain all the implications surrounding this

Regards



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     02 March 2012

It's there on the record and that is what matters - you'd most certainly get the benefit of it

sridhar pasumarthy (ADVOCATE)     02 March 2012

Once the document is marked, no discrimination lies in looking into or taking into consideration by the court.

Certainly, you can rely on it and substantiate your case basing on its contents.

N.K.Assumi (Advocate)     23 March 2012

The Legal position is not in dispute tht mere production and marking of a document as exhibit by the court cannot be held to be a due proof of its contents. Its execution has to be proved by admissible evidence that is by the evidence of those persons who can vouchwsafe for the truth of the facts in issue. Narbada Devi Gupta Vs Dr.Sukumar Mukherjee (2009) 9 SCC 221.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 March 2012

I agree with Assumi.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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