kumar
31 October 2012 at 20:23
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?
kumar
31 October 2012 at 20:06
Sir I took some of the documents from police station under right to information act. i filed those documents in the court. but other side lawyer objected before the court for its admission. Judgment passed in my case, but the court has not considered my documents as the contents were not proved of those documents without calling the officer concerned. but other side respondent did not entered into witness box to contradict the same. The following documents are obtained under rti from police station:
1) Police General Diary/Receiption Register.
2) Report of DSP to DLSA.
3) Hand written Complaint copy in a white paper.(Not FIR Copy).
Sir, i heard that Police General Diary is a public Document? and public documents need not be proved by calling officer concerned? is it correct sir? is there any citation of sc without calling officer concerned the documents can be admitted as evidence.
is report of DSP also comes under public document sir?.
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Co respondent
sir
i filed op to declare my marriage as null and void on the grounds that grils first marriage is still in subsistence. without giving divorce she has contracted second marriage.
my present problem is sir, while i filed OP petition my lawyer did not guided me to make first husband as co-respondent. i just called him as witness in my case. he came to the court as witness. my op petition was allowed in the trail court. immediately the other side prefered an appeal before AP High court. in that appeal she has not taken any plea with regard to making first husband as corespondent. her lawyer just orrally raised that ground and high court orally answered that there is no prejudice to the both the parties with regard to making first husband as corespondent as he came atleast as witness. but, now the girl filed again review petition in that she took corespondent's issue. last week it came on bench high court heard both sides and kept in reserve for judgment. High court has pointed the other side that why you have not taken in main grounds and why you are raising this as ground in review stage.
sir if the person comes as at least as witness, that evidence is not sufficient sir? making the first husband as corespondent is compulsory sir. but first husband came as witness in my case.
sir please provide any supreme court citation that when the first husband came as witness, it not ncessary to make him as corespondent.