In dv case, the matter is put up for final arguments. Now I have collected some documents showing my wife working (her photographs in her office on duty and with her colleagues, certain slips signed by her with her company's seal. I have also got her bank statements in which she has deposited 5 lakhs rupees in a year.). However I dont have her salary slips and her employer whom I have talked with will testify only in her favor. my queries are: 1) whether I can present these documents/evidence at this stage when all the evidence/cross examination has been closed. If not allowed at this stage, how i can submit these documents before court. 2) whether these documents are sufficient to show that she is working.
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1) You can take courts permission for admission of proof to submit in the court as a evidence. Court will accept it, don't worry.
2) Yes, more than sufficient.. Bank will be treated as expert witnesses in your case. If you submit all bank records of last 3 years of salary accounts.
you may file these documents along with an application, that recently you have come across with new documents pertaining to the income and job of the wife. Please file these application and documents before the date of final arguments date. You may also file an application under section 91 of criminal procedure code calling the salary slips from the employer of the wife along with the application for placing the new documents on record.
Ask your lawyer to make a supplementary petition stating all facts and attach the documents as annexure. As she is working maintenance will lower or be rejected.
1. If the trial has been concluded and the case is fixed for final argument then no new document can be relied on.
2. If you wish to bank upon those documents then you need to formally prove those documents by exhibiting the same which is possible by recalling the witness .
3; So first file an application to recall witness to exhibit the papers. Unless and until it is done the court can not consider any new document.
Since case has been placed on board for final arguments court would not allow you to lead additional evidence at this stage
2) the documents in your possession price that wife is working
An application for recalling of the witness can be filed before the final arguments to take further evidence on the record. if court deny your application you can place these documents on record with the written arguments though it won't be exhibited and taken as evidence but court can consider them for persuasive value.
2. yes these documents will help you to establish your wife is working.
1. if the evidences have been closed you can file a petition under section 311 cr.p.c. to reopen the same for producing your side documentary evidence to defend your interests.
2. If she denies even after this then you can summon her employer to give details of her employment through court process.
Dear Client,
File application under order 8 rule 1 A ( 3) read with sec 151 of CPC,
Court will examine,
Firstly, yes the documents in regard to which you have been talking about are much sufficient to show that she has been working.
Secondly, but at the stage of final argument it is very impossible to get the permission to advance these evidences.
Thirdly, but yes if yo would go in an appeal then there is a discretion of court to advance some more evidences if able to convince the judge.
You can file a application to admit or deny the documents from her side. If she admits your work is done if not then you can prove it by calling witnesses related to the said documents or through recalling her for cross examination
Thank you all for your valuable advice. Also please tell me in case if the evidences are not accepted, can I file the revision u/s 25(2) of dv act and after how much time. Also I have got a video recording of her dealing with a client, can this DVD be presented without authentication u/s 45 of Evidence Act. Further I have come to know that she is getting salary in her friends bank account with the collusion of her employer. How to crack this scandal?
You can summon her employer through court summons for deposing evidence on oath before the court about her employment details.
You can cross examine him on the aspect if you feel if he is trying to suppress the facts of her employment.
File application under section 91 cr pc calling upon wife to produce her ball statements, income tax returns for last 3 years
You can file revision if evidences are not allowed by trial court
See if your application for recalling witness is rejected then an petition before high court on that particular order of rejecting recalling of witness can be filed. the high court shall allow in case if trial court rejects your application.
The DVD can be presented before court along with 65 B certificate.
Further the employer can be called for his evidence and can be cross examined also her friend and can ask them to produce her statements.
You can only file an appeal under section 29 of DV act against any order passed. Revision not maintainable under section 25 2 of DV Act. Please present the electronic evidence along with section 65B certificate in the court for getting the same admitted in your evidence.
You may file an application under section 91 of Criminal Procedure Code calling the salary slips from the employer of wife. Court may issue directions to the employer to further the details and documents.