Notarised adoption deed can be read in evidence
Adv.Vishal Anil Vyavahare
(Querist) 09 November 2012
This query is : Resolved
Hi Sir,
I have filed an application u/s. 125 of Cr.p.c. applicant is second wife and for prove her cohibitition with respondent she filed Xerox copy of the NOTARISED ADOPTION DEED of her son from ex husband.original is with respondent. I have fied application to notice to produce said NOTARISED ADOPTION DEED from respondent and in default that xerox copy be read as Secondary Evidence.As expected respondent denied the execution of deed.
So at the hearing issue arise that Whether xerox NOTARISED ADOPTION DEED is admissible in evidence as asecondary evidence as it not REGISTERED accrding to sec. 17 of REGISTRATION ACT and cannot be read in evidence accrding to sec. 49 of REGISTRATION ACT.
So please suggest me any remedy and Proper Caselaw for above issue.
Thanks,
Vishal A. Vyavahare
Advocate, Nashik.
V R SHROFF
(Expert) 09 November 2012
Though Document cannot be read in evidence, other circumstantial Evidence that Respondent used to maintain the son till date , will have weight-age and it favour you.
Let your client depose it as fact.
U may examine Notary with his Register where Respondent also must have signed. It will be proved beyond doubt.
