dowry victim (housewife) 05 May 2012

When to submit streedhan reciepts in dv case

When should the streedhan reciepts be submitted to the court.

I submitted a chief affidavit but without any reciepts as I was not sure what all other evidences I would need to submit. I thought I can submit everything at once.

In the first phase of my cross-examination, my husband's lawyer asked me if I submitted the recipets. I said I will submit them on next hearing. The judge recorded my statement as 'I have not submitted any documentary evidence for my claims to the court". My cross-examination is not over yet. My husband's lawyer said he wants to cross-examine me further on next date.

I want to submit the reciepts on next date. But, my lawyer says that I should have done it before itself and its too late now and that the judge will not accept any reciepts now. is it true?

To my knowledge, judge can never refuse to accept any evidence. There should be some way. isnt it?

Please advice.

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2 Replies

Adv. Chandrasekhar (Advocate) 06 May 2012

It is most unfortunate madam. You have original receipts to prove your case, even then you have not brought them on record. I feel sorry and equally angry for such lapses. I am writing this for the benefit of the people, who are placed like you. The first opportunity to file documents (if possible originals) is along with petition/complaint. The second opportunity is to file them along with rejoinder. Once admission/denial and issues are framed, it is difficult to convince the judge why the documents have not been brought on record. It is further difficult to file them along with affidavit in evidence. Some courts even give this opportunity in the interest of justice.

But now, to cross over your problem, I suggest you one thing - file an application accompanying with the documents on which you want to rely in the court and also supply the advance copy along with the photo copies of the documents to the opposite counsel one week earlier to the next date of hearing. Put proper reasons for not filing them earlier and the importance of those documents and request the court to allow the application in the interest of justice. If the application is allowed it is o.k. Otherwise also, as the documents go on the record, if the matter goes to appeal, the existence of these documents help you to swing the matter in your favour.

dowry victim (housewife) 06 May 2012

Chandu ji,

as an easier and quicker alternative

All the reciepts are in the name of my father and brother. So, can I submit those reciepts along with their witness as their evidene that did actually give all these things.

Will that be accepted? Will that work?