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Ravi (a)     25 August 2014

Crpc 313 in 498a

i have seen this link https://www.lawyersclubindia.com/articles/The-Section-313-CrPC-An-epitome-of-fairness-but-missed-by-trial-courts-6285.asp#.U_rGn1d0ZaU about 313 crpc. nicely described about giving a nice chance to the accused for submitting his defence evidence.

 

i have all the gift bills, travel bills, medical bills, hospitali bills, diagnosis bills, etc., all articles that i bought for my wife. should i submit these bills duing 313 examination to say i took good care of my wife. this means violence is not there from husband or relatives. please advice.

 

also, what evidence i can submit in DVC? and in the divorce case.



Learning

 6 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 August 2014

Ravi,

 

In all three cases, you can make all these things as defense evidences. Why don't you lead defense evidence in 498a as well.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

LoneFighter (IT)     26 August 2014

Shonee Sir, i have a query, 313 CrPc is a one of the avenues through which defense could help judge understand their version of story so that the judge could atleast possibly think in other perspective other than what is written in FIR. 

Producing evidence during 313 is secondary, but i guess one should utilize this opportunity. Please share your views on this. How often courts give chance for accused to give his version of the case. To what extent can it be beneficial to accused. 

Because there are many false DV cases and other women related cases being filed, and many judges, invariably and unconditionally decide that women are correct. Any relevance to 313 in these kind of cases.? 

Ravi (a)     26 August 2014

Thank you Shoneeji.

ya. i will lead these evidences in all three cases. but i heard in one of your answers, not to put any defence witness in 313 stage becasue it may go against the accused.

let me know whether to produce these bills in 313 or not? many thanks

AS   27 August 2014

Shonee sir advised rightly "dont put defence witness in 313 stage". 

But You are talking about bills not witness , So no harm in submitting bills . Infact submit every single bill you have.

Ravi (a)     27 August 2014

i am planning to submit all bills / evidences in my divorce case filed by me to state that i treated her very well during 6 months of marriage life. all those bills / evidences to state she was rude and cruel on me and finally deserted by mentioning all those notices to her.

i also have all audio/video proofs.

my queries are as follows:

1. if i submit all the evidences in original form in divorce, how will i present that in another court where DV/498a is running.

2. if i submit all these evidences including audio/video proofs, will my 498a wife talk with a different story in DV/498a chief and deposition. after seeing my proofs in divorce, she will defintely make another story to proter herself and her paretns against the proofs i submit in divorce.

3. what story is important for any case? story during those 6 months of marriage or story when she left my home till cases are filed. please share your opinion.

4. in my divorce case, my chief and cross are over. currently s3c24 hma is going on. should i mention crpc125 related judgements in this case so that her 24hma petition is denied.

5. my divorce lawyer says, bring your elder as witeness as we have to present him/her in the divorce case. i am planning to bring my sister on the next date. is it ok? pl advice

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 August 2014

Certified copies of these documents can be obtained which would be admissible evidence in other cases. Also, records can be called to other court as well.

 

Merits of the case won't change and if the case is on cruetly, it has to be seen when her action was cruel to you. It is a matter of merits and can not be generalized.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

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