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Rukumar (No)     04 July 2011

Do Photographs act as evidence in DV

Hi ALL

My wife in DV had made allegation that on particular dates she was Physically, emotionally and verbally tortured by myself and my parents and my married sister. along that with we had demanded for Dowry also.

Facts : No such torture

In fact we had been nice time, she had multiple photos of roaming Historical places with my family.

My question is do this photographs will be taken as evidence that she was not tortured ?

She had no proof for Physical torture in the form of MLC or Any report to Police.

Please help

Regards

Rupkumar



Learning

 6 Replies

himanshu harbola (Comp. Sec.)     04 July 2011

It is definitely considered as a good proof that u kept ur wife happy in her matrimomial life but court is also observant about the overall cricumstances. but speaking legally these photographs does have a high evidentiary value.

N.K.Assumi (Advocate)     21 March 2012

In any proceedings in the Court, evidentary value like Photographs, sketch maps and Tape records conversations are just a matter  of introductions to a relevant facts, and the aouthor of those documents have to come forward before the Court to prove the same as admissible evidence and go through cross examination by the other party.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 March 2012

Yes, they are admissible.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
2 Like

Ritz (-)     31 March 2012

Dear Mr Kapoor,


I want to check if the aggrieved person has always maintained a 'smiling' pose in all photographs. As a human tendency we click pictures for memories. Even if you are unhappy to the extent of taking divorce you still can't frown.
So, can these smiling pictures taken as a evidence for a great relationship by the respondent party. Whereas the fact is there is no such thing.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 April 2012

Photographs depict what?

 

They would not depict your mental state. If A alleges that he took B to Switzerland and B denies it. Then only A's photographs with B in Switzerland can mean anything.

 

Otherwise, what is the point you are trying to prove?

 


Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Ritz (-)     02 April 2012

Thanks for the reply Sir.

I fully agree that photographs don't depict my mental state. In spite of this if photographs are shown as evidence in the court to prove the good times in relationship.

How does the Court react to that?

I am concerned about this fact because I have always maintained a happily married facade in front of camera and others.

Best regards


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