Should I disclose all evidence at Evidence Affidavit Stage only or I should wait?
I have few phone call recordings of wife thretening me. How I should submit those? CD OR Transcriptt?
Fighter 12 February 2016
Should I disclose all evidence at Evidence Affidavit Stage only or I should wait?
I have few phone call recordings of wife thretening me. How I should submit those? CD OR Transcriptt?
Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 12 February 2016
You can make a format of List of Dates and Events (Format may available in any legal document shop known as FIRISTI) and list of date wise events with supporting documents copy (including electronic evidences) as annexures and submit it along with Perjury petition.
These are circumstantial evidences (indirect evidences). Genuineness of such evidences are the part of judicial inquiry and hence should be filed along with 340 CrPC read with 195 CrPC (Perjury).
Please see my profile for sample petition and FAQs
Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 12 February 2016
Disclosing evidence is not optional.You have to submit all the documentary/ electronic evidence you rely on alongwith your petition/writtne statement. In case you have not done so, then you must move an approrpiate application seeking leave to file them on record.
Unless you do so now, you shall be precluded from filing them again.
fighter (Software professional) 12 February 2016
Augustine ji i heard that civil cases run like that:
PLaint and supporting affidavit
REply of defendent
Documentry Proof affidavit by plaintiff and cross
proof affidavit by defendent and cross....
am i right or not??
Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 12 February 2016
Yes but in the stage for leading evidence by the petitioner, he can only rely on evidence he had produced along with his petition. He cannot file on record any new document.
sai narayana 12 February 2016
Advocate/CS Sanjeev Kataria ( Advocate) 13 February 2016
Matrimonial matters are not handled strictly in accordance with the CPC, family court act grants discretiaonary powers to court to relax any provision of law. While submitting evidence, you need to file all the documents in your support. Recording can be submiited in CD, it is advisable to subit the CD with hash value certificate