Photos with negatives
kumar
(Querist) 31 October 2012
This query is : Resolved
sir one of my friends filed a suit in matrimonial case. he filed the suit along with photos with negatives. The other side in the written statement simply objected with regard to photos and negatives as if they are created and fabricated.
my friend as a petitioner at the time of his marking of the above said photos with negatives, the other side did not objected with regard to calling of photographer to prove its contents. even the other side did not entered into witness box to contradict the same.
even in the judgment of suit, the court has pointed that the respondent (otherside) did not file any petition to send the above said photos to forensic.
But, other side filed written submissions after entire trial process is completed by stating that the petitioner did not called photographer as witness. At the time of written submission can they object with regard to the evidence of photographer?( which the respondent supposed to have objected at the time of marking the photos)
even the judge in suit has pointed that marriage being a civil case calling of photographer is not that much essential as like in the case of criminal cases like 494. even the judgment reveals that when the respondent did not enter the witness box to contradict the same and the respondent also did not sent the photos with negatives to forencis to prove its correctness.
sir my doubt is when the respondent failed to object at the time of marking the photos with regard to calling of photographer, can the respondnet oppose in the written submission?
in civil cases like marriage, calling of photographer is not essential as not like in the case of criminal cases.
sir is there any citation of sc for not calling of photographer in civil cases?
ajay sethi
(Expert) 31 October 2012
if the respondents in written staement have taken specifi defence that photographs were fabricated burdern of proof is upon you to prove thay are genuine .
you ought to have examined the photgrapher . the photographer should have deposed that photographs have been taken by him .
Advocate Bhartesh goyal
(Expert) 01 November 2012
As the photos has not been admitted by opposite party and the same has been submitted by you so burden to prove the photos as genuine and correct lies on you.It is immaterial that at the time of marking exhibits on photos opposite party did not make any objection.Making no objection does not mean that documents has been proved.
Devajyoti Barman
(Expert) 01 November 2012
Raising no objection does not mean the photographs were proved. It only became admissible in evidence.
Without bringing the person who clicked the photos the photographs would not be proved unless while examination the other side admits the photographs.
V R SHROFF
(Expert) 01 November 2012
I agree with Shri Sethi
U can examine Photographer. in the interest of justice.
