Can personal emails written to explain one's behavior or make allegations, be used in a divorce/custody proceeding? Esp, if one party is writing these while the other is not responding.
Anonymous1 (Research) 23 July 2012
Can personal emails written to explain one's behavior or make allegations, be used in a divorce/custody proceeding? Esp, if one party is writing these while the other is not responding.
S C KHOSLA (Ex - Scientist `F`& Head (SPPD)) 23 July 2012
First kindly see how we define evidence
``The many types of information presented to a judge or jury designed to convince them of the truth or falsity of key facts. Evidence typically includes testimony of witnesses, documents, photographs, items of damaged property, government records, videos and laboratory reports. Rules that are as strict as they are quirky and technical govern what types of evidence can be properly admitted as part of a trial. For example, the hearsay rule purports to prevent secondhand testimony of the "he said, she said" variety, but the existence of dozens of exceptions often means that hairsplitting lawyers can find a way to introduce such testimony into evidence. See also admissible evidence, inadmissible evidence``.
The documentary evidence can be in soft or hard manner and it all depends that how craftfull ur adovate is- to take advantage or deny advantage by going into the nitty gritty of acts. For more details, Kindly see Indian Evidence Act and IT Act and decide accordingly in consulatation with ur lawyer.
stanley (Freedom) 23 July 2012
Although emails are accepted as evidence it is very difficult to prove the same