Issues framed without admission - denial of documents
Anurag Mittal
(Querist) 17 March 2014
This query is : Resolved
In civil matrimonial proceedings at Family Courts can the Issues be Framed and Matter proceeded with Without Admission - Denial of Documents?
Can the justification that Admission - Denial of Documents can be done at the time of Cross Examination itself by confronting the witness with documents and as such there is no need for Admission Denial of Documents prior to framing of issues?
Advocate Ravinder
(Expert) 18 March 2014
At the time of filing petition, the petitioner will mentioned the list of documents in the petition. You have liberty to deny/challenge any document in your Counter. Inspite of that if the denied documents are about to mark at the time of chief of petitioner, the respondent’s counsel can object to mark the same. Inspite of that if the objected document is marked by the court, you can file an appeal before the senior court.
T. Kalaiselvan, Advocate
(Expert) 20 March 2014
In a matrimonial proceedings before a family court, it will be a petition, which does not requires any issue to be framed for enquiry; if it is a suit, the documents filed with the plaint will be marked and admitted or denied only at the time of trial and not at the stage where the issues are framed. So the problem arises only during the chief examination of the prosecution witness.
