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Rajesh   07 November 2023

Need guidance on hmop section 9 - stages & proofs

Sir / Madam,

I got cheated on in my marriage, where I and my wife stayed in a matrimonial relationship for a week and we departed. I have filed a Divorce petition in the Telangana state. Later my wife filed a 498A case and following that after 7 months, she also filed an HMOP under Section 9 Case asking for "Restitution of Conjugal Rights" where both the cases she filed are in Andhra Pradesh state. For the HMOP Section 9 Case, I have been mentioning to my local advocate to submit my proofs to the court but so far he has not submitted them. The current status of this case is Cross Examination of Petitioner (my Wife).

Please reply to the below 5 questions about the Section 9 case. I will appreciate your valuable guidance.

1)   I have requested the local advocate to submit the proofs to the court before the Cross Examination of my wife starts but the local advocate has mentioned that the court will give chance to the Respondent to submit the proofs at that time, as a Respondent I can file a petition with a written statement to submit the proofs. Please suggest when to submit the proofs to the court, can the proofs be submitted during any day of the court or at the hearing, what will be the correct approach for proof submission at which stage, so that I can convey to the court there is no mistake from my side.

2) What are the different stages at the court after the "Cross Examination of Petitioner"?

3) Under which section/order do the Proofs i.e. Audio, Video and pictures have to be submitted to the court?

4) After the proofs are submitted to the court, will there be any chance my wife and her advocate can get access to the proofs and misuse them? 

5) The Audio/video proofs are in the local language i.e. Telugu, There are many files which I will submit to the court. Along with the proofs, Do I need to provide the Legal transcriptts and get them certified, Is this required which is expensive?



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     08 November 2023

1. What are the proofs or evidences are you planning to file before that court?

If they are concerned with the denial of her allegations, then you can file the copies along with your counter to her petition.  If they are your side evidence then you can file them during your side evidence or  you can mark them as your side exhibits  during cross examining her 

2. Cross examination of the petitioner itself is a stage

3. They can be permitted to be filed as secondary evidence  but they should be accompanied with a certificate under section 65B of Indian evidence act

4. Once the proofs are filed in the court as your side evidence the opposite parties cannot misuse them.

5. It depends, you may consult your advocate on all such practical issues.

 


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