Dear All, This is about a child custody case under Guardians and wards act section 25. Husband has submitted Evidence Affidavit where he pasted screenshots some very important SMS along with explanations. He also wanted to submit the hard copies of the SMS separately in an application (word file) along with 65B affidavit for electronic evidence. He submitted the 65B affidavit for SMS but by mistake the application containing the SMS's are missing. Now the matter has moved to final arguments/order stage. The questions are : 1) If the husband gets unfavorable order and he wants to appeal in Mumbai High Court then can he submit the hard copies of SMS containing the key SMS's. The key SMS are already pasted in evidence affidavit. So from common sense those key SMS should not be additional evidence but something which is missed out by mistake. The 65B affidavit is submitted without hard copies. 2) In district court can husband submit now the SMS word file saying inadvertently it was missed but the 65B affidavit is submitted.
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1. No, he can not file the evidence missing in trial court in the mumbai high court.
2. Mere filing of affidavit is not enough. If trial is closed and the case is posted for final hearing then filing of affidavit would not permit the court to consider the evidence.
Dear Mr. Barman - Thank you. But does it not mean that evidence affidavit has no value. The SMS are pasted in evidence affidavit and explained in detail so if evidence affidavit is considered then also it should be okay. It seems very strange.
1)in appeal HC woul not permit Hard copies of SMS containing the key SMS
2) husband can file additional affidavit with the SMS word file as inadvertently it was enclosed
Mere filing an affidavit or document is does not make it formally proved.
You will have ti get it admitted in curt by way of marking it as an 'Exhibit;.
Unless that is doe it has no value.
Any fresh evidence submitted during appeal shall not be considered.
Affidavit shall corroborate the evidence already submitted and not without it.
What is the use of affidavit without evidence.
The one submitted is not a original hence likely to be rejected.