• About evidences

I want to give some evidences in my case. Below are my queries

1. I want to give online booked bus ticket to show about travel date. Can I take printouts and give? How to prove it is not fake

2. I want to show telephone bills. How to prove the bills are not fake

3. Wife complained that brother-in-law came to our house and beat her. To prove this I want to show attendance record of school where my brother-in-law works. How to prove attendance are not fake

4.i have audio recording and whatsapp chat. But I lost original device. How to use these
Asked 3 years ago in Family Law
Religion: Hindu

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23 Answers

File prints of all along with affidavit u/s 65 b if evidence act.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

Hello,

You may file these evidences alongwith an affidavit of section 65B of the Indian Evidence Act.

The documents so filed will be the valid documents in the eyes of law.

Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
335 Consultations

5.0 on 5.0

1) We need to cross check all records, that what you are referring is true or false.

2) You are asking a specific thing can be proved fake or not and person present in particular place.

3) Provide us details facts of the case.

Ganesh Kadam
Advocate, Pune
12193 Answers
151 Consultations

4.9 on 5.0

1) you can produce original telephone bills

2) you can produce print outs of tickets . Enclose certificate under section 65 B of evidence act

3) if you have lost original device you cannot rely upon audio recordings

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

Online bus tickets are presumed to be true. The burden of proof to prove those tickets are fake lies on opposite party as per evidence act as such the same ticket are admissible. Telephone bills which are issued by operator will be sufficient enough. Attendance copy needs to be attested by college or school principal where your brother is working. If you have audio recording get the same copies in CD along with certificate from the person who transferred data to CD. As per evidence act certificate is required from person who transfers data.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear Sir, as per your query, 1. Yes you have to produce the said bus ticket by taken printouts and give before the court under the provisions of Information Technology, 2008 (as amended) read with section 65 (b) of Indian Evidence Act. 2. You have to show telephone bills your official copy which you have received regularly for your phone bill, before court. 3. You have to produce the said attendance register before court, it is valid. ... If you want more advice in this regard, I will advice, all the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

The Original bills can be obtained from the service provider further all the copy/printouts of documents can be produced before the court with the 65 B certificate.

Further for school record a letter can be written to principle of school requesting him to confirm the attendance, the principle can confirm same with attendance record under school seal,

Further these can be produced before court in CD and an Affidavit for same. can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows:

1. I want to give online booked bus ticket to show about travel date. Can I take printouts and give? How to prove it is not fake

Ans: You can. If doubt expressed by the other party then summon the operator /booking clerk. If refuse then Court will issue Bailable warrant.

2. I want to show telephone bills. How to prove the bills are not fake

Ans: In the similar manner, if doubt expressed then official of the BSNL may be summoned.

3. Wife complained that brother-in-law came to our house and beat her. To prove this I want to show attendance record of school where my brother-in-law works. How to prove attendance are not fake.

Ans: Yes, produce extract/true copy of the same and examine the Head Master of the School.

4.I have audio recording and whatsapp chat. But I lost original device. How to use these

Ans: Convert into text format and produce before the court. The following link is use full in this regard.

==================================================================================

Please put the following in the browser and get the relevant matter.

RECENT TRENDS IN RECORDING AND ADMISSIBILITY OF EVIDENCE TOPIC:- APPRECIATION OF EVIDENCERECORDED THROUGH ELECTRONIC MEDIA. Prepared by Sri.P.Rajendra Prasad, Addl. Senior Civil Judge, Srikakulam.

Kishan Dutt Kalaskar
Advocate, Bangalore
5948 Answers
317 Consultations

4.8 on 5.0

Firslty, sir you are very right in your query as you are safe against any action against you or your family member.

Secondly, all the evidences which you have been talking about are fully acceptable in the eyes of law either on electronic mode or in hard copy.

Thirdly, it is for the other side to prove your documents fake which they can’t as it is almost next to impossible to call internet records fake or self generated.

Fourthly, attendance records also show full credibility as it would be very hard then to show they your brother was not in school.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You can file bus tickets and telephone bills alonwith certificate under section 65 B of evidence act.

You cannot use audio recordig as evidence as you don't have the device, as you should still file it and if any objection is there from the other side, it won't be considered.

Siddharth Jain
Advocate, New Delhi
5759 Answers
83 Consultations

5.0 on 5.0

You may take permission of Hon'ble court to bring documents on record.

You just need to put all the documents accompanying with the affidavit. You need not worry about the authenticity of those documents that will be examined by the court later. If all your documents are true. Then go ahead and file it.

Regarding your brothers workplace. Check for CCTV records if available. These all documents will be accomplished by the affidavit of 65B.

Whatsapp chat can be annexed as they get stored on your Google account and when you sync same on new phone they are as they were before.

Mohit Chugh
Advocate, New Delhi
11 Answers

Not rated

Dear Querist

As per your queries, my opinion on your queries are as under:-

Point NO. 1, 2 & 3 of your queries can be proved by you but at the time of filing these documents/evidence, you have to submit an affidavit as per section 65B of Indian Evidence Act-1872.

Point No.4, you may call the Record officer of that school as a witness along with the original record of the school attendance register and proved that evidence as true and not fake.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6084 Answers
287 Consultations

4.9 on 5.0

1. You can obtain the receipt or a certificate from the service provider for this online bus traveling ticket and also secure the details of correspondences for obtaining this record.

2. You can obtain duplicate receipts from the telecom service provider if the bills were paid online.

3. You can summon the attendance sheet extract through court.

4. The provisions of section 65B of Indian evidence act to be complied with.

Remember that all these evidences can be produced at the time of your evidence deposition.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

1. Apply for the copies of the online booked bus ticket through RTI act. You would get attested copies.

2. Telephone bills can be self attested else you can approach telecom company for the original bill.

3. Attendance should be proved only through police verification with school authorities. You can complain to police on this.

4. As per Indian evidence act Sec. 65B, the digital evidence should be certified by an computer expert. So, you may approach me to get it certified by one of the government approved agency known to me.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

You will get visitation right.

2. Considering child welfare I am better compared to mother. Will court grant custody to me -- If u can prove this, court will but at least he reach 5 years.

Welfare of child is only concern while ordering custody.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

1. Mostly, it is the mother who gets the custody of the child in case of Hindu parents below 5 years of age.

2.The court primarily considers the well being of the child and grants custody accordingly. therefore if the contesting parent proves to be a better care-taker for the child, the court will grant them the custody as the welfare of child is of paramount importance. Child custody is granted to that parent who is a better caretaker of child

3.In order to get custody of your child from the mother, you'll have to prove recklessness and negligent attitude of your wife towards the child by way of documentary evidence.

However if you’re able to prove in the court that she is incapable of providing the emotional and financial support to the child in the future, then you can have a strong case for obtaining the custody.

4.In MALAKALA RAMU @ RAMAM Vs. MAMMIDI GOPALMURTHY. Court: ANDHRA PRADESH HIGH COURT, it was held that there are no material to hold that the interest of the child would jeopardized, if the custody is given to natural father.

In Kalyan Roy vs Priyanka Roy, Calcutta High Court, custody was given to father as minor daughter was happy in the custody of father.

Siddharth Jain
Advocate, New Delhi
5759 Answers
83 Consultations

5.0 on 5.0

Seek joint custody of your child

2) court would grant you visitation rights for child

3) welfare of child is paramount consideration

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

1. The grounds what you rely upon and how you convince court with your pleadings will decide the disposal.

2. You present the facts to convince the court in your pleadings for child custody.

3. The grounds what rely upon.

4. you try your luck because as per law ordinarily the child shall remain with the mother till it attains the age of 5 years.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

1. Seeing the age of child its difficult you get custody but you can pray for joint custody or alternatively visitation rights, further the child custody is decided by keeping the welfare of child in view so there can be chance where it is established wife is not competent to take care,

2. if that is proved before the court.

3. It had be established before court that better care, love , education financial resources, better environment and other things for welfare of child is with father mother is not compatible to take care this needs to be substantiated by the facts.

4. Malakala Ramu @ Raman vs. Mammidi Gopalamrathy Andhra Pardesh High court and there are other.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

1. If the mother is not financially sound / bad in nature / drug addict / converted to other religion ... etc., then the custody orders would be given in the favor of father even if child age is less than 5 years.

2. You can apply for complete custody of child. At least, you may get visitation right.

3. Grounds for which you need child custody needs to be taken care of.

4. SC made mandatory that, if the age of child less than 5 years then custody can only be given to mother.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Dear Sir,

My answers are as follows:

1. I am applying for child custody. What are that chances that I get child custody

Ans: The prime consideration by the Court will be welfare of the child.

2. Considering child welfare I am better compared to mother. Will court grant custody to me

Ans: If you establish that you are in a better position to take care of the child at the age of 4 years then you may be given custody.

3. What things we need to take care to get custody

Ans: You must file affidavits of 2-3 persons like your kith and kin to show that in your absence they are ready to take care of the child.

4. I have not seen any judgments where court remove custody from mother and grant to father... Any judgments you have please share

Ans: Usually such judgments not reported and if you search extensively then only you can find.

Kishan Dutt Kalaskar
Advocate, Bangalore
5948 Answers
317 Consultations

4.8 on 5.0

Since he is four years old court may reject your application unless you prove that the mother of Child is incapable of taking care of child. It's better to file an application seeking visitation rights to see the child every week. Just by mere showing that you are more capable than mother will not make you eligible to get custody you need to show by evidence that mother is unable to maintain child.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You can present the same with list of documents. If the documents are primary documents it can be proved through the rule of evidence in Court. If secondary also you can prove it by posting necessary averments in the application.

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

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