Kindly suggest on what law grouds
Ratnesh Vidyarthi
(Querist) 04 June 2016
This query is : Resolved
Sir/ Madam, My friend Ravi is facing Police Case( "498A & 3/4" ) since 8 Years and other two cases in Bhopal. He had filed divorce case (on " 13 a "etc) in 2013 in Bhopal. Because, his wife isworking in Pune she got transferred the case in Pune by SC. I have few queries as follows.
1. First Question: - In Divorce Case, Petitioner side all cross examination is completed. Now Respondent as 1st person Cross is yet to start. In this stage Petitioner is sowing few new evidence like Greeting Card, Photos.... etc. related to happy moments. Respondent is objecting the Pray & They said that this is not a stage to put any evidence because Petioner Cross is completed. He cannot ask question to Petitioner. So pay for new evidence should reject.
Kindly Suggest on what ground of Law Petioner can submit the Evidence.
2. My second question is : - Respondent has written in the Court that allow the matter on secondary evidence, because they have filed all Original in Court of Bhopal in case of 498 A. Is this is correct request. Because in Trail court (SDJM court) these papers had not examined, So, we like to oppose the matter.
Kindly suggest is the correct to say that Secondary Evidence (ie certified copy) will not be acceptable.
3. My Third Question is :- In FIR case of 498 A, Investigating Officer Cross Examination is completed in Trail court. We are trying to get certified copy of Case Dairy of Investigating Officer (Police Sub Inspector) OR at least Victim Girl Statement but Layer is telling it is not legal to get Certified Copy or any document submitted by Investigating Officer.
Kindly Suggest on the ground we may get the copy?
N R Dash..
(Expert) 05 June 2016
1. You can re-examine if some new important piece of evidences available which could add up for adjudication. Its totally upto the judge how you convince him. Try not to waste the time of court by producing some no so useful documents.
2. Secondary evidences can be accepted for adjudication as the originals are already submitted with another court. You may object only if there is any forgery in the documents.
3. You are entitled to get a copy of the testimony, FIR, IO report etc. as per law.
Ratnesh Vidyarthi
(Querist) 05 June 2016
Grateful for your reply.
1. Evidence ( Greetings, Photos, Investment Paper etc.) is important because to show the healthy relation in Wife and Husband.
Sir, Is it required to Recross of Petitioner?
2. Clearly Understood.
3. Sir i want to know Police dairy in that Investigating Offer has taken statement of So called Victim Girl.
Devajyoti Barman
(Expert) 05 June 2016
1. Mere importance is not enough. You have to satisfy the judge why on the first opportunity you failed to produce those.Unless court is satisfied you will not be allowed.
2.Certified copy is very much secondary evidence and is permissible for formal proof.
3. Certified copy of CD can not be obtained.
Ratnesh Vidyarthi
(Querist) 06 June 2016
It great to get your reply.
1. Because earlier Petitioner was working with Junior advocate and now he got one Senior Advocate. Is is not the resnable cause?
2.Clearly Understood.
3. In case Certified copy of CD is not possible any partial like Any Noted Statements. The document is in Court and Investigating Officer cross is complied in trail court.
Rajendra K Goyal
(Expert) 08 June 2016
Full case file and orders of court need to be referred, discuss with your lawyer.
Dr J C Vashista
(Expert) 11 June 2016
I agree with expert Mr. Rajendra K Goyal, show full case file to some other lawyer, if you are dissatisfied with your lawyer.
