125 crpc to receive documents as evidence

Not possible. You are wasting your time as well as court time. What were you doing till now? What was your advocate doing till now?

If you are in Family Court where also 125 CrPC applications can be filed, then the Family Court Act is liberal with respect to procedures. See the highlighted section below.  Family Court can set its own procedure, overriding CrPC or CPC, to arrive at the truth. 

10. Procedure generally.-(1) Subject to the other provisions of this Act and rules, the provisions of the Code of Civil Procedure, 1908(5 of 1908), and of any other law for the time being in force shall apply to the suits and proceedings other than the proceedings under Chapter IX of the Code of Criminal Procedure, 1973(2 of 1974), before a Family Court and for the purpose of the said provisions of the Code, a Family Court shall be deemed to be a Civil Court and shall have all the powers of such Court.

(2) Subject to the other provisions of this Act and the rules, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), or the rules made thereunder, shall apply to the proceedings under Chapter IX of the Code before a Family Court.

(3) Nothing in sub-section (1) or sub-section (2) shall prevent a Family Court from laying down its own procedure with a view to arrive at a settlement in respect of the subject-matter of the suit or proceedings or at the truth of the facts alleged by the one party and denied by the other.

Thank you adv Raj Malhotra...my earlier lawyer did not inform me that I have to file my documentary evidence along with my counter itself. I confronted this material during the pw1 cross examination and some she admitted and some partially admitted and other she denied. Hence I am now trying to mark them along with my cheif affidavit. My new lawyer along with my chief affidavit filed document petition to receive documents and mark them as exhibits. As these documents already confronted, can I file or not in the interest of ellicting and proving truth for just conclusion of the case?

Thank you adv Raj Malhotra...my earlier lawyer did not inform me that I have to file my documentary evidence along with my counter itself. I confronted this material during the pw1 cross examination and some she admitted and some partially admitted and other she denied. Hence I am now trying to mark them along with my cheif affidavit. My new lawyer along with my chief affidavit filed document petition to receive documents and mark them as exhibits. As these documents already confronted, can I file or not in the interest of ellicting and proving truth for just conclusion of the case?

Thank you adv Raj Malhotra...my earlier lawyer did not inform me that I have to file my documentary evidence along with my counter itself. I confronted this material during the pw1 cross examination and some she admitted and some partially admitted and other she denied. Hence I am now trying to mark them along with my cheif affidavit. My new lawyer along with my chief affidavit filed document petition to receive documents and mark them as exhibits. As these documents already confronted, can I file or not in the interest of ellicting and proving truth for just conclusion of the case?

Sorry due to network issues sent multiple times

You could have given whatever you wanted just before the cross examinatoin of pw1.  At that time, judge would have accomodated anything you want to point out or say in your extra/new documents.

Now it will look like after thought.  This is not permissable.

It is simple. You can tell story, once, you cant keep adding pages to your novel, every now and then.

But again as pointed out by samir, the family court judge has power to take any document at any time before the cross examination.

As it is procedure, even family court cannot take any document once cross examinatoin is completed.   Even if cross is over and if your advocate has taken further cross date.  Then on that date new documents can be marked.  But once cross is over, no documents can be added.

But again if your lawyer is smart, he can convince the judge to take the documents which you did not submit till now.

 

But anyways all rests upon discretion of judge of family court, if he nods, he can accept anything he wants.

If he dont want, even supreme court cant do anything.

Agreed with Mr Sameer N. Well suggested

 

Regards 

Jaspal S Maini(Adv)

9999987283

Thank you all for your help, valuable advice and guidance. I still have chance as stated above since my cross examination has not started.. just filed chief affidavit and documents...yet to enter witness box. Thanks again.

Can I u/s 243(2) give my documentary evidence to mark as exhibits on my behalf before entering witness box for my cross examination?

What documents you want to give? What is theere in those?

Documents that show the reasons for moving back to India, my professional career records, medical records, money transactions, desertion proof is phone calls and emails, chat transcriptts....the petitioner gave false evidence regarding all the above to make herself a case for maintenance but most of the above she admitted with some ambiguity..to elicit truth these documents are required.

Originally posted by : Saku
	Documents that show the reasons for moving back to India, my professional career records, medical records, money transactions, desertion proof is phone calls and emails, chat transcripttts....the petitioner gave false evidence regarding all the above to make herself a case for maintenance but most of the above she admitted with some ambiguity..to elicit truth these documents are required.

He (judge) wont take.  Even if he takes, he will order something or tother for you to pay.  No use pursuing the matter.

I feel it is goof up by your advocate or over smartness by you.  Either ways it is over.

Now something the court will order.

If you dont want to pay or play around there are other methods.

Instead of clenching teeth now, you wait and see what court will order or do. Then based on that you plan your next move.  This time dont goof up, both to you and your advocate.

If you want to change your advocate, this is the time.

Dear Querist

as per section 10(3) of the Family Court Act, the Family Court may adopt own procedure without going to enter in any technecalities of the procedures.

 

even you may file an application  U/s 91 of Cr.P.C. read with section 163 of Indian Evidence Act-1872

 

91. Summons to produce document or other thing.

 

Section 163 of Indian Evidence Act-1872 Giving, as evidence, of document called for and produced on notice.—When a party calls for a document which he has given the other party notice to produce, and such document is produced and inspected by the party calling for its production, he is bound to give it as evidence if the party producing it requires him to do so.

 

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