Lord Ganesha (service) 30 June 2013

Which evidence is to be considered by the court???

Dear Experts

In a case of maintainance u/s 125 filed against me by my wife , I mentined in my statement that she is working as Lecturer in the College . During cross examination , I showed the Prospectus of that college containing her name in the list of teachers and told the court that i had visited personally to that college to verify this fact that she is working there and my wife had got me meeting with the Principal of that college and the principal told me that she is working in that college.This prospectus was submitted with the court.

Now , during arguements ,her lawyer presented the Attendance Register of that college in which her name didn't appear and argued that the person of the same name of my wife is someone else other then my wife.

Now my question is :- which evidence the court will rely on and consider in its judgement ???

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2 Replies

Adv. Chandrasekhar (Advocate) 30 June 2013

If in your cross examination you were not put the suggested question by her lawyer-"The name in the prosepectus belongs to some other woman" and "the lady you were referring is not your wife but some other woman", then her evidence will become weak. To prove her case, your wife should have summoned the official of the college to prove the attendance register and mere producing the attendance register does not prove her point to the hilt. On your part also, you should have summoned some college official to prove prospectus and summoned salary register to further strengthen your case at the time of your evidence to prove your case satisfactorily.

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Originally posted by : Lord Ganesha
	Dear Experts In a case of maintainance u/s 125 filed against me by my wife , I mentined in my statement that she is working as Lecturer in the College . During cross examination , I showed the Prospectus of that college containing her name in the list of teachers and told the court that i had visited personally to that college to verify this fact that she is working there and my wife had got me meeting with the Principal of that college and the principal told me that she is working in that college.This prospectus was submitted with the court. Now , during arguements ,her lawyer presented the Attendance Register of that college in which her name didn't appear and argued that the person of the same name of my wife is someone else other then my wife. Now my question is :- which evidence the court will rely on and consider in its judgement ???

Holy Christ ! Lord Ganesha has come to LCI !!

You can ask for call of records through the court, the very principal who told you that she is working in his college wil submit records to the court.

Even if the college does not respond, which they have to. Write a letter to RTI asking why such and such person's name is not in the college register, [take certified copy of college register from court]. Write one more letter to DIET asking under RTI, why such and such college is not maintaining register for certain employees.

Both ways she will be caught, and once proved you need not pay her any maintenance.