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Sunil Patil (Engg)     26 August 2013

List of documents in family court

Goodmorning,

I have been asked to file list of documents and witnesses for the case filed by wife at Family Court Mumbai. Can someone please help with suggestions on following quesries:

1. Do the photocopy documents need be notarized?

2. Ealier I'd not submitted some email copies, can I add them now to the list of documents?

3. Earlier I'd not attached my salary slip, can i do it now, since its the last chance probably to out it up.

Thanks.

Sachin



Learning

 3 Replies

Suri.Sravan Kumar (senior)     26 August 2013

Do the photocopy documents need be notarized? u can show the original and can mark the photocopy of docs.

2. Ealier I'd not submitted some email copies, can I add them now to the list of documents? u need to file petition to receive the documents. the docs will be received subject to proof and relevancy.

3. Earlier I'd not attached my salary slip, can i do it now, since its the last chance probably to out it up.

Sunil Patil (Engg)     26 August 2013

Thanks very much,

 

Do I need to also add the response to the petition that was filed the first time

                         or

only the list of exhibits has to be resubmitted?

                         or

is it all the petitions that I filed for 4 years?

Samir N (General Queries) (Business)     27 August 2013

Hello again!

Just showing the photocopies or any originals MAY not be enough. You need to get it on the record by showing them to her by bringing her in the witness box and getting each document marked as an Exhibit.  Some documents, like Court-certified orders from previous cases may not be required to be marked expressly as exhibits.

If you have new documents, then you need to file an application with the Court asking to "recall the witness." Check the CPC or the Family Court Act or whatever applicable rule is to do so. Find this on the Internet.  Your application must state the reasons why you want to bring her back in the witness stand. If her cross-examination is not over, then do not worry. You can do this now and you do not need to file any application as such.  If you have already done so and forgotten some documents, file an application to amend whatever it is that you have already filed (for e.g. Application to amend the list of exhibits provided). Remember that in Court everything must be through an application. You cannot just file documents. They cannot be referenced during arguments if you have not followed the rules and brought them on the record. I learned this the hard way. You are getting some valuable advise here! 

With respect to your question about response to the petition, I presume you are referring to the Written Statement (WS). You can file an application to amend it and submit your amended WS.  Do not do this too frequently. Think first of all your defenses and only then do it. Also, do not forget to file counter-claim... for example, if she has asked for divorced on grounds of cruelty, you fire back and ask for the same on grounds of cruelty-to-husband. If she is working, file an application for maintenance... seek maintenance from her!  Also, you can file cases in the Family Court against her brother, father, etc. too for recovery of monies that she may have taken from you and given to them.  ATTACK! ATTACK!! on all fronts. Make her regret for ever going to Court.

 


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