I have Petition C and Petition A cases in Family court. So, petitions for Restitution of Conjugal Rights as well as petition for Maintenance have been filed by wife. Both of these cases have been combined by court and are going on with single hearing. The current stage is wife's evidence is closed. Also, my cross exam has been completed. I was about to close my evidence. But in cross exam opposite advocate asked me whether I can submit call records where I have asked wife to come back to co-habit. I responded 'Yes' to the question as I have a recording. I have also mentioned that I am ready and willing to co-habit. I would like to have final order soon as it's more than 4 years now. My question is - 1) Shall I submit the call record now? If I don't submit, will court object to it? 2) Can opposite advocate prolong the hearing by doubting the call records? Is there any reference for proper submission of call records so that no objections are raised.
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hello
if you have stated that you have the evidence you should have submitted it long ago. the court can take note of the evidence but the opposite party would object to it as it is being submitted so late. nevertheless, file the evidence.
the call records are submitted on the affidavit. if the opposite party has objections, it may raise them, but they should be valid objections and reasons must be given n for the same.
regards
1. Sir file an application to submit the additional evidence that is call records.
2.Sir he can challenge the validity of such call records and can ask for a FSL report submit the call records with 65 B certificate and you can contest if he challenge such validity,
You can submit the call records as you have agreed to furnish the same
2) you can submit the itemised call records received by you from the service provider
Firstly, as per the information mentioned In the present query, makes it clear that you have responded positive or whatever question as you have the proofs.
Secondly, yes, there are chances that the opposite lawyer may prolong it for the purpose delaying the order.
Thirdly, yes, by way of an affidavit you can file the recordings before the same court.
Dear Client,
Call records will submit on requisition of court or on request to opposite party to prove your statement, since no record summoned by them, it`s deemed acceptance of your statement, no need to submit in court.
If it filed in court than opposite party definitely ask for forensic test to examine its credibility and to prolong the matter.
Dear Querist
My opinion on your queries are as under:-
1) Shall I submit the call record now? If I don't submit, will court object to it?
Opinion:- no need to file now as the matter is already fixed for the Final Order/Judgment because if you will file the same then the opposite counsel against claim cross examination based on those documents/recording, even you have to file a certificate under section 65B of Indian Evidence Act-1872 for admissibility of those recordings as those documents/recordings are Electronic Documents and without the certificate those recordings can not be admissible as an evidence.
2) Can opposite advocate prolong the hearing by doubting the call records? Is there any reference for proper submission of call records so that no objections are raised.
Opinion:- As above
Feel Free to Call
1. Thee is no requirement of submitting the same,
2. Documents are not filed in furtherance of the questions asked in cross. You can only file evidence along with your affidavit of evidence.
Regards
Hello, 1) I am responded husband and wife has filed Domestic Violence case. Part of cross exam of petitioner wife is done. However, the judge is on medical leave for past 6 months. 2) Additionally, in another appeal case filed in HC by petitioner wife, HC has directed the DV court to try to dispose the DV case till December based on argument by my advocate to expedite the DV matter. My question is - can I file application to transfer the case to another court based on HC directive to expedite the case? If the medical leave of judge extends further, will the case be transferred automatically? Other question is - In family court, wife has filed application for returning her 'Stree-Dhan' and documents. I have returned the documents but I do not have any of her jewellery. How should I respond here. Wife had carried all her jewellery with her while leaving. Thank a lot.
1. See you can wait for a while as seeking transfer on ground of medical reason of court office the request may be denied at this stage. If the leave is extended may be the new Judge is transferred to the court.
You can file your reply on affidavit that documents are returned and wife took all her streedhan while leaving your house.
You can file application for transfer of case based on HC directions to dispose case by December
2) case would not be transferred automatically
3) take the plea that stridhan / documents have been returned
If you have agreed and not submitted it will create adverse inference against you. If the all records is against your case then dont submit.
No he can't prolong hearing on this issue for a long.
For transfer you need to take permission from principal judge of family court. You can file your reply that she has taken and if evidence to prove it
Yes the case will be transferred automatically
Infirm the court about the same that the wife has taken away all her sridhan