Evidence acceptance
Querist :
Anonymous
(Querist) 07 March 2010
This query is : Resolved
sir, how to check that the submitted evidence has been accepted/approved by the judge in a divorce case? For example, if the husband files the divorce on the grounds of dessertion but wife has the proofs of his stay with her in the form of his letters addressed to their common address, bank's transaction slip signed by him etc?
I would like to know - will the letters received through post on his name at their common address where both were staying together, be accepted by the judge without any doubt? How valid or weighatge these letters have to prove his stay?
Querist :
Anonymous
(Querist) 07 March 2010
will his lawyer can say that the letters are sent by me and those do not belong to him? How acceptable this reason is on the postal letters as a evidence?
adv. rajeev ( rajoo )
(Expert) 07 March 2010
only bare submission by the opposite lawyer is not sufficient to come to the conclusion that letters do not belong to him.
He has to prove when he takes such contention in his objections. Without the pleadings in his objections he cannot take such defense. If he denies in the cross examination burden lies on your husband to prove that letters are not genuine one.
Querist :
Anonymous
(Querist) 07 March 2010
sir, I as wife when shows that letters which are having postal stamps but the content of the letter may be some CD, will he be able deny it easily ?
Second thing, I have his credit card's PIN dispatched through courier at our address but that letter has only his name and address and does not have his credit card number on it. So how we can prove it that it is his own letter? Can we ask the bank the credit card number and details on the basis of just his name and address along with that letter?
B K Raghavendra Rao
(Expert) 07 March 2010
For checking whether the submitted evidence has been accepted or rejected by the court, you need to wait till judgement.
Mere postal deliveries do not prove one's residence. It has to be registered post acknowledgement due and bonafide signature should have been on the acknowledgement slip as well as in the registers of postal department to prove one's stay at a particular place.
It all depends upon the skill of your lawyer to establish the facts at the cross-examination of your husband.
Querist :
Anonymous
(Querist) 07 March 2010
how about bank's credit card's PiN letter? Can we ask the court to get the details of that credit card number from the bank on my husband's name and address? If the bank sends the details of the credit holder and his address as of that date when the PIN was dispatched, wont that be considered as valid one? Can we do this?
Uma parameswaran
(Expert) 07 March 2010
If the letters from bank coming to the adress were the wife is staying then it can be a solid proof that the husband is staying in the same house with his wife.If you have the letter definitely you could produce it as an evidence and husband could not rebut easily.
B K Raghavendra Rao
(Expert) 07 March 2010
For your second tine query, please note that mere mention of address in bank's credit card PIN may establish that he had that address for correspondence. It does not establish that he has been physically residing there. It is only a communication address. Whatever is your argument, please note that it has to be established beyond doubt that your husband stayed with you. By address mentioned in documents of yester years,or correspondence addressed without proof of signature for having received at that particular place, you cannot just prove that your husband stayed with you.
Make your husband commit that he was staying in that address where you are staying by cross examining him. His one admission is more than sufficient.
Guest
(Expert) 08 March 2010
i do agree with rao
