Rajesh 04 November 2023

Need guidance on hmop section 9 - stages & proofs

Sir / Madam,

I got cheated on in my marriage, where I and my wife stayed in a matrimonial relationship for a week and we departed. I have filed a Divorce petition in the Telangana state. Later my wife filed a 498A case and following that after 7 months, she also filed an HMOP under Section 9 Case asking for "Restitution of Conjugal Rights" where both the cases she filed are in Andhra Pradesh state. For the HMOP Section 9 Case, I have been mentioning to my local advocate to submit my proofs to the court but so far he has not submitted them. The current status of this case is Cross Examination of Petitioner (my Wife).

Please reply to the below 5 questions about the Section 9 case. I will appreciate your valuable guidance.

1) I have requested the local advocate to submit the proofs to the court before the Cross Examination of my wife starts but the local advocate has mentioned that the court will give chance to the Respondent to submit the proofs at that time, as a Respondent I can file a petition with a written statement to submit the proofs. Please suggest when to submit the proofs to the court, can the proofs be submitted during any day of the court or at the hearing, what will be the correct approach for proof submission at which stage, so that I can convey to the court there is no mistake from my side.

2) What are the different stages at the court after the "Cross Examination of Petitioner"?

3) Under which section/order do the Proofs i.e. Audio, Video and pictures have to be submitted to the court?

4) After the proofs are submitted to the court, will there be any chance my wife and her advocate can get access to the proofs and misuse them?

5) The Audio/video proofs are in the local language i.e. Telugu, There are many files which I will submit to the court. Along with the proofs, Do I need to provide the Legal transcriptts and get them certified, Is this required which is expensive?

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1 Replies

Patrick Matthews 23 November 2024

Hello, I think I can answer some questions. Hope that my answers are useful for you.

You can submit your proofs during the hearing or as directed by the court. Typically, you should aim to present your evidence as early as possible in the proceedings, ideally before the cross-examination of your wife begins. If your advocate indicates that you can file a petition with a written statement to submit proofs, ensure that this is done promptly. Clearly communicate your desire to have your evidence on record before any cross-examination occurs to avoid any miscommunication.
3. Submission of Proofs
You can submit audio, video, and pictures under the Indian Evidence Act, specifically Sections 65 and 65B, which deal with the admissibility of electronic records. It’s advisable to mention these sections when filing your proofs to ensure they are considered valid.

4. Access and Misuse of Proofs
Once submitted, your wife and her advocate may have access to the evidence as part of the case proceedings. To mitigate the risk of misuse, you may request the court to issue specific directions on how the evidence should be handled. However, this is at the discretion of the judge. geometry dash lite

5. Legal Transcriptts and Certification
I think you should provide legal transcriptts of your audio/video proofs to ensure clarity, especially since they are in Telugu. While certification may involve costs, it adds to the credibility of the evidence. Discuss with your advocate whether certification is necessary based on the court's requirements and whether it justifies the expense.