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Kumar (nojob)     04 October 2013

Submission of evidence - documentary from petitioner side

I have filed divorce case under clause Cruelty.

 

I am the following in my possession as evidence.

1.     Emails from her

2.     Hand written letter send by her summarizing most of her mistakes send through postal department. I have cover also in my possession

 

I seek the following information/clarification:

1. At what stage, I have to submit my evidence and how?

2. If She refuses, it is not her hand writing, how to defend my case.

3. Is it necessary to submit original to the court.

4. What about submitting Copy of letter certified by Notary Public (One Notary Public Refused to acknowledge the copy saying that court would ask his presence and it would be unnecessary trouble for him)

5. I fear for the safety of the letter because it is the only vital piece of evidence in my possession. How to protect the same.

6. Few of email has been received in my company email account. I have converted in to PDF file before leaving the company.

a. Whether that PDF is accepted as a Proof.

b. I have forwarded few mails received in my company ID to my bro’s ID which I have received back in my personal ID. It is acceptable as evidence?

Thanking you in advance.



Learning

 13 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     04 October 2013

Dear Kumar

my opinion on your queries are as under:

1. At what stage, I have to submit my evidence and how?

Opinion: Petitioner evidence can be filed after framing the isssue.

 

2. If She refuses, it is not her hand writing, how to defend my case.

Opinion: There is a provision in Law related to hand-writing expert's opinion

 

3. Is it necessary to submit original to the court.

Opinion: if you have original then original will be better to file before the court

 

4. What about submitting Copy of letter certified by Notary Public (One Notary Public Refused to acknowledge the copy saying that court would ask his presence and it would be unnecessary trouble for him

Opinion: notarized documents can not be parlel as original so file original if you have

 

5. I fear for the safety of the letter because it is the only vital piece of evidence in my possession. How to protect the same.

Opinion: file before the court & get certified copy of the same.

 

6. Few of email has been received in my company email account. I have converted in to PDF file before leaving the company.

a. Whether that PDF is accepted as a Proof. Yes it may be

b. I have forwarded few mails received in my company ID to my bro’s ID which I have received back in my personal ID. It is acceptable as evidence?

Opinion: yes these email's are acceptable as evidence as per section 65B of Indian evidence act


1 Like

ashoksrivastava (scientist)     04 October 2013

@ Kumar never ever submit original evidences with petition. Submit photocopies, stating that you have the originals and will provide to court as and when required.Its not uncommon that lawyers keep the originals with themselves and submit photocopies in court instead. Later you become vulnerable to extortion/ harassment from your own lawyer should any dispute with him arise later.( after a litigation is over many persons are more disgusted with their own lawyer than with OP lawyer or OP itself).

regards ASHOK

1 Like

Kumar (nojob)     04 October 2013

Now the case is in evidence stage from my end.

Is it necessary to file evidence(letters and other documents) along with my written evidence or later at the time of crossing the respondent.

Kumar (nojob)     04 October 2013

Can anyone please tell me


whether i have to file evidence along with my written evidence

or

At the time of crossing the respondent...


(Guest)

@ Author,


1. Alway's keep your last ikka in your hand,as no body know's when you have to show.


2. So,here follow the process of court one by one and exhibit your prime evidence at last moment.


3. Never hand any original document's to you own lawyer until or unless you are present with him during the time of submission stage in the presence of judge.


4. Alway's explore the subsequent evidences along with the present evidences.


5. Your lawyer has to do the tactic and how smartly he convince the court.


6. Rest all depend's on your drafting in the original main petition.


7. So, it's alway's prefferable to start well to end well.



1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     04 October 2013

yes you should file the document as annexure/exibit with your written evidence before court

1 Like

Adv. Chandrasekhar (Advocate)     04 October 2013

I agree with Mr. Nadeem qureshi's first post.  The evidence Act read with civil procedure code provide the procedure how evidence has to be led and what is primary evidence and secondary evidence.  the parties are not at liberty to produce the evidence at their whims and fancies.  for that there is a stage for the petitioner and respondent.  in respect of filing the primary evidence (originals) also there are procedural rules and one has to adhere them.  If any one misses the bus for genuine reasons and want to place those documents at later stage, he has to seek the permission of the court by way of application explaining that even after holding those documents why he had not placed them on record.  The opposite party will be given opportunity to put objection for placing those documents.  Finally, it all goes to the discretionary power of court.  So, why one should seek the mercy of the court's discretionary power, when he has got a statutory right to place documents at proper stage.  For the petitioner, along with his petition he has to file the documents and for the respondent, he can file the documents along with reply/written statement.  Again, if permission is sought and granted (generally it will be done) to file rejoinder, the petitioner can file documents along with rejoinder.  Till this stage the court will be flexible and accept documents.  Then admission/denial of the documents and after that issues.  Once issues are framed, as per law, one cannot file documents without the permission of the court.  if there are any aberrations to this stipulated procedure, that is due to leniency of the court, and not procedural law permit it.

1 Like

Kumar (nojob)     04 October 2013

Thank you every one.

 I have my letters original in possession. My lawyers told to submit at later stage as it would help to nail down the respondent if she refuses all the allegation contained in the petition. We have filed rejoinder also as my petition is so mild. So far we have not filed evidence. So i wanted to clarify about the filing.

binay (advocate)     04 October 2013

along with ur petition u can annexed a copy of that, and at the time of filing of evidence-on-affidavit u can exhibit those.

1 Like

Shantanu Wavhal (Worker)     05 October 2013

check ur PM

1 Like

Samir N (General Queries) (Business)     05 October 2013

Kumar,

I am not an advocate but beyond the CPC & Cr.PC, which advocates will pontificate at length on, the following is really what you ABSOLUTELY need to know:


All the submissions that you will be making, including originals (with very exceptions) have little or no evidentiary value unless you present them to the opposing party during her cross-examination and have them marked expressly as Exhibit, such as Exhibit 1, 2, 3, etc. During final written arguments, you refer to these Exhibits by expressly indicating the Exhibit No. from the docket (called Roznama in most Indian Courts). Such a submission is professional and meets most, if not all, of the requirements of the Indian Evidence Act, etc. You bring the originals with you when you cross-examine her. It is at this time, that you present the originals to the Court and have the Court indicate ON THE RECORD that originals were shown and certified copies were provided to the Court. You need to attach the certified copies to your own Affidavit too. This way, you get two opportunities to present your evidence. If they do not question you on statements you make in your affidavit, those statements are deemed accepted by the opposite party. Therefore, it is a good practice to present documentary evidence to the opposing party during her cross- as well as attach to your own Affidavit. If the regular copy is accepted by the opposing party during her cross-examination as an authentic copy, that is sufficient. It is only when the opposing party contests it, that the original needs to be presented. 


With respect to emails, it is NOT as simple as some advocates would like you to believe. She can deny those emails. Well, thats when you need to have the Court issue summons to the email service provider. There are procedures to do so with a Court Order but most advocates in Family Court would not know the ABCD of such procedures. You talk about your "company email account." If your company is hosting its own email server, which most likely it will not be,  then you need to get your company provide these emails and authenticate them under a sworn affidavit. Most of the companies, who own their own domains, e.g. companyxyz.com, use third-party email service providers, such as Google, but under their domain. Google (or any such provider)  then assigns email accounts such as user1@companyxyz.com. Google is the most widely used service provider for such email services. Most of us think of Google mail as just user1@gmail.com but many accounts such as user1@companyxyz.com are also routed through Google email servers. These service providers are well versed in the legal procedures of providing email records. If your emails have significant evidentiary value, then you MUST go through the procedures to make them incontrovertible. 

GOOD LUCK!

 


1 Like

Kumar (nojob)     08 October 2013

Thanks for your detailed reply to my message.

I need few clarification to understand better.

1. You meant to say, no need to submit evidence while submitting my written evidence as a petitioner?

2. Some one mention, it is always better to submit at the time of filing of petition as at later stage, it will come under discretionary power of the Court to accept evidence or not?. I have not filed any evidence so far.

3. Emails are send from her company email ID only. Whether i am ok with regard to email evidence?

4. you mentioned about submission of Certified copies with my own affidavit.  You meant to say, i can submit seperate affidavit to submit evidences after cross examining the respondent?.  Certified by Whom?.  For a handwritten letter, one notary public refused to sign.? Is there any other alternative to get certified copies of letter?

5.I have a handwritten letter from the respondent with apologies mentioning few of my claims?.

Kindly note that, Respondent point blankly refused all the accusation in her counter statement.

6. My lawyer is in the process of preparing my written evidences which mentions about the evidences as exhibit and planning to submit all original along with my written evidence.

 

Kindly advice ...

Samir N (General Queries) (Business)     09 October 2013


1. You meant to say, no need to submit evidence while submitting my written evidence as a petitioner?

 

There is a big difference between submission of evidence and just attaching copies of some documents. In any event, it is advisable to submit copies in the initial stage so that the opposition does not argue that you did not refer to it in your petition or written statement.
2. Some one mention, it is always better to submit at the time of filing of petition as at later stage, it will come under discretionary power of the Court to accept evidence or not?. I have not filed any evidence so far. See above answer.
3. Emails are send from her company email ID only. Whether i am ok with regard to email evidence?

Email evidence is a strange beast. Ultimately it is a piece of unsigned document so there is no notion of original document. It ends up as heresay unless you go beyond the piece of paper. I have explained to you how to do that.   
4. you mentioned about submission of Certified copies with my own affidavit.  You meant to say, i can submit separate affidavit to submit evidences after cross examining the respondent?.  Certified by Whom?.  For a handwritten letter, one notary public refused to sign.? Is there any other alternative to get certified copies of letter? There are many affidavits filed in a proceeding...petitioner, respondent, witnesses all file affidavits. Your key evidence should be part of your sworn affidavit. It is a good practice to have copies certified by a NOTARY (as you seem to be aware of) or in some cases Court-certified (as in Court Orders from a parallel proceeding.).  A document is a document irrespective of whether it is hand-written or otherwise. Try another notary.

5.I have a handwritten letter from the respondent with apologies mentioning few of my claims?. Better evidence than a typed written one! Her hand-writing matters.

Kindly note that, Respondent point blankly refused all the accusation in her counter statement. That is expected. That is why you need evidence and the Judge decides who is telling the truth!

6. My lawyer is in the process of preparing my written evidences which mentions about the evidences as exhibit and planning to submit all original along with my written evidence. I would be concerned about submitting original evidence to the Court now. I would suggest that you do so later but inform the Court in writing that you have originals and would be presenting to the Court as and when the situation requires it. But now you are presenting notarized copies. On a different note, please be careful about advocates. It is my humble opinion that they are thoroughly UNETHICAL and their sole objective in life is to maximize their earnings  from their client, at all costs, hook or crook! 

 

Kindly advice ...

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