Documentary evidences.
M Chaturvedi
(Querist) 24 February 2012
This query is : Resolved
Hello,
I would like to ask Whether a Documentary Proof of Income of Wife sourced unofficially & is not certified from concerned department, but, presented to the Court While the Case is still going on - Could this Documentary Proof of Income be Accepted by the Court?
Or
Are there any chances that the Court might Reject because it is sourced unofficially or not certified?
Since this is the Proof that will prove her Wrong in front of the Honourable Judge as She was, from the beginning, claiming that She is Jobless. But, in fact, she is earning much before she filed DV Act, 498A, Etc...
Thanks.
Raj Kumar Makkad
(Expert) 24 February 2012
There is no requirement of any certified income proof but it should be duly established before the court while in evidence that the wife is earning the specific income from such and such job/profession may it be registered or otherwise.
adv. rajeev ( rajoo )
(Expert) 24 February 2012
If the document is marked subject to objection then burden lies you to prove that document. To prove it you will have to lead the evidence of the concerned person of the department.
M/s. Y-not legal services
(Expert) 24 February 2012
you can produce the document to prove your wife's income..
if she denied it mean you can pray before the court to call for such a records to produce before court..
more over rti is a good weapon to layman., just utilize that.,
-tom-
ajay sethi
(Expert) 24 February 2012
Agree with rajoo. You are aware that yor wife is working for some company . Since your wife has said she is jobless you have to prove that she is employed.you have to lead evidence of officer from organisation she is working at
Shonee Kapoor
(Expert) 24 February 2012
This is enough,
Also alongwith the same you can ask the court to send witness summons if the court wants to verify.
If the salary comes in cheque or something, it would leave a chain which can not be rebutted.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 25 February 2012
Nothing more than what Mr Tom has said. Govt deptts often receive such summons to come to court with salary record of some employee.
Guest
(Expert) 25 February 2012
Advocates Raju & Tom have appropriately advised.
N.K.Assumi
(Expert) 25 February 2012
I share the same view with Sir, PS Dhingra.
prabhakar singh
(Expert) 25 February 2012
If you have pleaded that your wife is earning then you have to prove it by leading evidence oral or documentary.The documents you have produced can be proved by you as well as by producing person who has issued them to corroborate your testimony.
Chanchal Nag Chowdhury
(Expert) 25 February 2012
U have to take the following steps:-
1. Summon the Co. to produce the records.
2. Give a notice u/s 66 of the Evidence Act. stating that if the original is not produced, U will tender secondary Evidence based on the documents in your possession.
Deepak Nair
(Expert) 25 February 2012
Well and sufficiently advised by the experts. No room left to add anything more.
