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Pidit Pati (False 498a Victim)     23 January 2017

How to use handwritten diary of expenses as evidence in 125

I am husband facing 125 Maintenance case wherein ex-wife (divorce already taken exparte by wife in court) is claiming that husband was spending exorbitant amount during matrimonial cord. Also she claims that there were ACs and Refrigerators in all rooms, individual cars for all family members and were going to 5 star hotels for 10 days in a month. I have daily expense diary/s handwritten by her. How can this be used as evidence to prove her false claims? The matter is now at her cross examination stage. Experts please guide if this can be considered as primary evidence according to evidence act or not. Will this help to prove anything or not.



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 8 Replies


(Guest)
Originally posted by : Pidit Pati
I am husband facing 125 Maintenance case wherein ex-wife (divorce already taken exparte by wife in court) is claiming that husband was spending exorbitant amount during matrimonial cord. Also she claims that there were ACs and Refrigerators in all rooms, individual cars for all family members and were going to 5 star hotels for 10 days in a month. I have daily expense diary/s handwritten by her. How can this be used as evidence to prove her false claims? The matter is now at her cross examination stage. Experts please guide if this can be considered as primary evidence according to evidence act or not. Will this help to prove anything or not.

 

DO you have a advocate representing you in court of Law?  If yes, then don’t worry about anything, he or she will take care of the case.  In case there is a adverse order where your advocate has failed to do his job of representing you and protecting your interests properly and if you are going for appeal, then a second opinion is advisable.

 

Any advice you get from anyone will not be accepted by your advocate, hence is of no use to you, he or she will handle the case according to his or her abilities.

 

My take on your case is, if your wife is making claims she has to give evidence to court which support her claim only then court will give order in her favour.

pideetpati16   24 January 2017

Thank you for your openion however, I did not find answer to my question. I need legal openion if handwritten daily expense notes written by opposite party can be produced as primary evidence as per evidence act. Also how and when to produce this at what stage of case ? I have a lawyer friend who defends me and he listens to my advise...fortunately

pideetpati16   24 January 2017

Thank you for your openion however, I did not find answer to my question. I need legal openion if handwritten daily expense notes written by opposite party can be produced as primary evidence as per evidence act. Also how and when to produce this at what stage of case ? I have a lawyer friend who defends me and he listens to my advise...fortunately

(Guest)
Originally posted by : pideetpati16
Thank you for your openion however, I did not find answer to my question. I need legal openion if handwritten daily expense notes written by opposite party can be produced as primary evidence as per evidence act. Also how and when to produce this at what stage of case ? I have a lawyer friend who defends me and he listens to my advise...fortunately

I am stunned by those bolded words.  You yourself are seeking advice and your advocate takes your advice?  Please consult able advocate locally for further advice.  If your lawyer screws your case you will be screwed for life.  Be careful while choosing your advocate. All the best.

Ganesh Nair (Employed)     24 January 2017

Dear peedit pati

you are not going to get any help from helping hand. Helping hand will only say that there are so many ways to  go about it but will not reveal what they are. He will ask you to get in touch with him if you do not have a lawyer.  Canvassing via forum, may be. No harm in working closely with the lawyer. It is your case and lawyer is there to help you. Lawyer is not your dictator. Go ahead. Good luck.

 

sai narayana   25 January 2017

Self diaries itself can't be a determining evidence, they should be corroborated by other additional evidence to determine a case.

search for judgments in google.

Pidit Pati (False 498a Victim)     25 January 2017

Thank you, Sai Narayana. Please provide some examples of supporting evidences which can be produced along with self diaries. This can be produced at what stage of case ?

(Guest)
Originally posted by : Anonymous Iyer
Dear peedit pati

you are not going to get any help from helping hand. Helping hand will only say that there are so many ways to  go about it but will not reveal what they are. He will ask you to get in touch with him if you do not have a lawyer.  Canvassing via forum, may be. No harm in working closely with the lawyer. It is your case and lawyer is there to help you. Lawyer is not your dictator. Go ahead. Good luck.

 

You dont even know who I am.  Please dont pass such comments henceforth.  You will only take my curses which wont be good for you or your loved ones.  You are suffering at the hands of your wife, please bear this in mind at all times, dont show your frustration on Lawyer's like me, show it on your wife you arsehole, you could not lead proper life with your wife and you want to spread hatred towards Lawyers?  I feel you did not get a good Lawyer to represent you, so only are your feelings like above towards a Lawyer.  Take that as punishment of some janam that you did not get good wife and good Lawyer, be respectful towards Lawyers, I might not be your Lawyer but I am one, dont forget that.


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