Pleading for prosecution evidence before filing written stat
Ganesh Suba
(Querist) 18 September 2020
This query is : Resolved
Good day to Experts Here,
DV filed by my estranged wife. No evidence mentioned/attached in the copy petition of DV given to me.. I am asked to file Written Statement.
How shall I mention to Hon'ble Judge of this and plead him for evidence filing by prosecution for me to prepare proper written statement.
Kindly guide me Dear Experts.
Thanking you,
With High Regards,
Ganesh
Dr J C Vashista
(Expert) 19 September 2020
Before the case u/s 12 of the Protection of Women from Domestic Violence Act, 2005 is put to complainant evidence (as desired by you) the court has to seek your defence qua allegations levelled in the complaint by aggrieved person i.e., your wife.
It (written statement) shall follow rejoinder to be filed by the aggrieved person before framing of charge and proving the allegation vis-a'-vis charge.
Dr J C Vashista
(Expert) 19 September 2020
You should seek professional services of a local prudent lawyer for better appreciation of facts/ documents, guidance and proceeding in the court to protect your interest.
Rajendra K Goyal
(Expert) 19 September 2020
You should file written statement based on the case filed.
Discuss in detail with some expert lawyer.
J K Agrawal
(Expert) 20 September 2020
file an application under order 11 Rule 12 and Order 11 Rule 14 of the CPC and seek documents.
Ganesh Suba
(Querist) 20 September 2020
Thank you Dr. JC Vashista Ji for valueable guidance
Ganesh Suba
(Querist) 20 September 2020
Thanks to you Rajendra Goyal JI for valuable information
Ganesh Suba
(Querist) 20 September 2020
Thank s to you Agarwal ji for your precise guidance...
Rajendra K Goyal
(Expert) 21 September 2020
You are welcome, may revert if any subsequent question on the topic.
Ganesh Suba
(Querist) 27 September 2020
Evidence is the main ingredient to arrive at decision. such evidence to be scru?tinised and countered by the respondent in counter. Without finding any mention or listing of evidences in affidavit how does the respondent prepare effective counter. if evidence submitted only after filing of counter by respondent how does the connectivity of evidence and affidavit is established? if prosecution allowed to submit evidence after the respond submits counter then anlysing counter's weak points prosecution can bring in new fabricated evidences. then at what stages the respondent can stand against the evidences during trail?
Rajendra K Goyal
(Expert) 27 September 2020
You should file written statement based on the case / plaint / complaint.
