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Jignesh Shah (Lawyer)     29 May 2023

How to prove a letter in the court

Hello. I have a question re: proving a document. 

In a divorce case, the client (Petitioner) has submitted a letter, written by the Respondent. It is a typed letter, signed by the Respondent at the end (the signature is not in dispute).

My question is : How to prove this document ? The Respondent now says that the paper was blank when she signed it, and that the Petitioner got her to sign the blank paper at the time.

Similarly, there are other documents, entirely written by her, including threatening the husband to commit suicide. For this, she says that he made her write the same by making her stand outside the house.

How to go about proving such documents in the Court ?

Thank You



Learning

 3 Replies

Dr. J C Vashista (Advocate )     29 May 2023

It is a documentary evidence which itself is conclusive evidence and you need not prove, onus to disprove is on the author, if disputed.

Real Soul.... (LEGAL)     29 May 2023

That is documentray evidance, if the signature is not disputed and admitted by the author the document is proved . The contents may be in shadowed but the context shall speak .

Advocate Bhartesh goyal (advocate)     29 May 2023

Merely tendering document  in evidence does not dispense it's  proof.you have to first tender the document  then by oral evidence have to prove it .


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