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Nishant (abc)     31 March 2012

Source of evidence in dv case

Dear Forum Experts,
 
I have a query relating to the source of evidence material (documents/records etc.)
 
In a court case Pary A has produced following information / documents of Party B
 
1. Bank statement of last 7-8 years (private and govt bank both)
 
2. Mentioned the dates when party B operated  locker with private bank.
 
3. Discharge summary of Party B, when party B was hospitalized in year 2010
 
4. Copy of Driving License to put forward the fact that Pary B knows driving.
 
5. Copy of GPF records of Party B
 
There could be some material facts in 1 to 5 above against the party B, which court has to see. But my query is that all of the above information other than the copy of driving license, cannot be obtained by a third party by legal means, even if RTI is filed (RTI prerequistes are it should be govt funded/owned organisation, even in RTI this information will be termed as third party information and hence cannot be given without Party B's permissioin)
 
that means either Party A has got this information by paying bribe or having some contact in the concerned organisation. Can the source of information of Party A be challeged by party B. How do courts take this, do they concern only with merits of the information or they ask about the source of information.
 
Thanks in advance,
 
Nishant



Learning

 2 Replies

Vishwa (translator)     31 March 2012

The courts and judges are often too stupid to study the evidence or follow rules. They act according to their whims and usually in favour of the woman. Best of luck

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 April 2012

The court is not bothered how the evidence is obtained.

 


Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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