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Anshul Sharma   28 May 2016

Video evidence -perjury in dv case

Dear Members, 

Is video recording from home to office is valid to file CrPC 340 perjury against my wife in DV case  ? as she has mentioned she is not working . My detective has done that recording. He has even went to her office but my wife has gone to other cabin and he could not record the conversation with her ?

 

Please suggest and reply on immediate basis. 



Learning

 10 Replies

Vakalath (Vakeel No. 1)     28 May 2016

Video recordings are permissable in any case, provided they are in their original format.


(Guest)
  1. You can ask judge to summon the employer and verify employment
  2. (1) is more powerful way to prove her perjury than the video

Anshul Sharma   28 May 2016

Thanks for your quick revert. As she is working in the institute. Owner is very close to her and he is aware of her case. He is helping her in all ways. She is earning 20k, cant even check her ITR, or may be she is getting salary in cash. Her owner may denied that she is not working there. 

Detective said he went in her institute and she went in other cabin but that has been recorded.Now detective is telling to record the video from home to office every day. Would this help me to file perjury or not or to declined the interim ?

Dana Kayoni (Expert Humanitarian and Lawyer)     28 May 2016

Summoning her employer will be waste.  She would have already done setting with her employer where she has already told/requsted him to not disclose details of salary or employment even if summoned to court.  Court summons does not mean that the employer will definitely tell the truth that she is working with his company.

 

The video will surely help along with summons to atleast prove that she is going to some office on regular basis if videos of her going to such office are showed to court of couple of days vigilance by spy or anyone else.

Anshul Sharma   28 May 2016

@Dana Kayoni 

Rightly suggested and agree with it. I will do the same as you suggested. Thanks once again 

N R Dash.. (Advocate)     28 May 2016

video recording from home to an institution does not prove her employment and neither establish perjury in the court of law. Court would not get fascinated by such silly things. Your counsel may plead accordingly but there would be no substantial gain for you in your case.

Anshul Sharma   28 May 2016

@N R Dash..

Thanks , what is the solution then ?

N R Dash.. (Advocate)     28 May 2016

solution is to produce evidences that are admissible in the eye of law and should substantiate beyond doubt. 

as you are challenging the motion, burdon of proof is totally on you.

ask the detective to collect evidences like attendance register, salary register, your wife's bank account details etc.


(Guest)
Ask detective to track is she is using a particular bank/ATM. You can ask court to summon account records from bank and expose the lies. If she is taking payments in cash to avoid bank transactions, she and employer are probably evading taxes. File a tax evasion petition against employer. Employer will get into trouble if he deposes falsely in court about any employees. Video and photos etc. are good only as corroborating evidence, not as primary. In today's world of electronic banking it is getting more difficult to hide money transactions - wife and employer will get trapped easily if you pursue attack from several different angles.

Anshul Sharma   01 June 2016

Thanks all experts for the advice


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