• Possibility of getting my evidences included after unfair trial

I am fighting my case of Divorce and have got the petition dismissed citing the reason that I have not proved cruelty of my wife upon me. 
I have stated in my plaint that I have been subjected to cruelty by 
1. Repeated threat of killing my son and suicide attempt 
2. Couple of attempt of suicide.
3. Threatening to put my parents and sister and brother-in-law behind bars
4. Treating me abusively, Refused to Cook on demanding a separate kitchen in my parents home while I offered for a separate residence. 
5. Denying access of my Son to me while not accepting any of her demand, also to my parents

for Suicide attempt I have provided records from hospital & police station where she has given statement of acceptance for the suicide attempt in her own hands which has been recorded as a document. Also 1hr voice recording upon what has happened during the time she attempted for suicide which has been reject to be marked as a document citing the language of this recordings.

For rest of the other points I have voice recordings of my wife to prove them, I was not able to submit them during the Proof affidavit submission as because the recorded phone was not in proper working condition, later after my Cross examination PW1 I was able to retrieve those voice recording with help of an phone expert with the phone software and immediately I tried submitting it to the court through and IA under 65A & to recall the witness to include this but the court rejected the evidences citing the reason that the recording is in a language not understandable by the Judge and no translated version is provided for him by the petitioner to understand the relevance and importance of those evidence and dismissed it 
As Judge has stated that there is no translated version we immediately translated the content and gave him the translated version in another IA under 151 petition. Judge didn't act on this IA till the end of the case and he is dismissing this on 25/04/2016 and calling us for Enquiry of another IA on Child Temp Visitation rights on 27/04/2016 to me. 
We have planned to go for a CRP in HC if Judge is dismissing our translated version also, so we applied for the copy of the order on 27/04/2016.
But the Judge on 27/04/2016 being called upon for Child Temp Visitation rights demanded us to go for the Argument of the Main petition while my council has stated that we are not prepared for the arguments Judge requested me to speak in my prayers while I spoke at length on my prayer and judge requested the other side also to argue where they hardly spoke on any relevant points to the case, and Judge is reserving the case for Judgement on 29/04/2016, because of which we are not able to go to CRP in HC.
We did present the Judge with the citation from Supreme Court of India
CIVIL APPEAL NOS.2795-2796  OF 2011
 [Arising out of SLP [C] Nos.18211-18212 of 2010]
 K.K.Velusamy vs. N.Palanisamy   
which clearly states in the order para 11,12,13 that my evidences need to be accepted by the trial court but the Judge in spite of such guidelines from Supreme Court and not giving us the Opportunity to go for the CRP to HC and dismissing my petition in total on 29/04/2016.

I feel it is very unfair to court to deny my rights to go to appeal by reserving the Judgment of the case without giving proper notice & enough time for going for appeal.

So now my question is how can I include my evidences in my case after the Judge has given such unfair judgement in spite of so vital and crucial evidences presented to him.
Asked 6 months ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
once judgment has been passed by court  dismissing your divorce petition your only remedy is to file an appeal against impugned order as court has refused to permit you to place video recordings on record 

2) apply for certified copy of order and file appeal within period of 3 months 
Ajay Sethi
Advocate, Mumbai
23123 Answers
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1. You ought to have moved the HC when the ld.judge kept your 151 application pending instead of deciding it. This was the right opportunity to move the HC, but you missed it altogether, as a corollary thereto the court had the latitude to keep your application pending. 

2. The judge does not give time to appeal, it is the statute that gives it. You have 90 days to move the HC now. The HC may, subject to costs, allow you to lead evidence that could not be led before the trial court. 
Ashish Davessar
Advocate, Jaipur
18063 Answers
446 Consultations
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The trial court is not bound to give anytime to you to enable you to move the HC. The appeals court can allow the evidences to be led only if you can prove that the evidence was excluded in an illegal manner by the court below or that in spite of all due diligence on your part you could not bring it to the court. 
Ashish Davessar
Advocate, Jaipur
18063 Answers
446 Consultations
5.0 on 5.0
when you submit audio recordings in court it is necessary to provide transcripts of those conversation in english language . 

if you have failed to provide transcripts and audio recording is in language court is not familiar english translation was must 

i presume in madras all court proceedings are in english only 

court is not bound to consider these audio recordings if you did not provide the translation
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
So now my question is how can I include my evidences in my case after the Judge has given such unfair judgement in spite of so vital and crucial evidences presented to him.

There is nothing that prevents your from approaching high court to  file a revision on the petition dismissed for the reasons cited therein.
You can prepare the grounds properly agaisnt the observations made while dismissing the IA and present before the high court in the civil miscellaneous petition and also can seek for stay against the pronouncement of judgment till the disposal of this revision petition before high court.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
How Will the appeal court look into my matter with regards to the dismissed Audio Recordings by the Trial court and not giving enough time to go for a CRP against it, because those are very crucial ones on which my whole case is substantiated with, If I can satisfy the appeal court that those are very crucial to the case and ask for inclusion of the evidences to the case will it consider it and order for a trial with these evidences to meet the ends of justice ? what are the chances of getting those into the case while the trial court has citied the reason as the language in the recording is the trouble for Judge to understand it.

The reason for rejecting the evidence is unreasonable and not justified.  It appears to be pre-determined decision of the court in this aspect. Probably you may not get justice in the final argument too.
You can put forth your argument with the support of the translated version of the evidence which you propose to include in the trial of the case in the trial court. 
The high court may consider your case if you convince the high court with your supporting evidences and arguments convincing the court.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
1) it is your case that your petition for divorce has been dismissed by trial court in toto on 29th April 2016 

Since your petition has been dismissed your remedy would be to file appeal under provisions of family court act before the HC 
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
Do you mean this even when the Trail Court has pronounced the final verdict(Dismissed) in my case, I wanted to know if you are meaning the CMP for the IA of the additional evidence that was dismissed or against the Main HMOP petition that is dismissed 

A revision will lie on the IA that has been dismissed during the pendency of the main petition and not  after the dismissal of main petition.  While the main case has been disposed all the petitions pending in the main case stands disposed, in fact a decision on the pending IAs should have been made by the court before disposal of main case.






You have stated "Probably you may not get justice in the final argument too." I have lost the HMOP petition in the trial court already so this statement of yours gives me the feel that you have not got my situation completely correct, please confirm, When we have got our HMOP petition dismissed while the Judge has rejected our very Crucial evidences through our additional evidence IA's whether we can 
1 > Go to HC for CMP or CRP under article 226? or An Appeal to District court ?

By the above I was referring to the decisions on IAs only and not in the main petition.
See, it is your fault for not furnishing proper details.  Now only you state that the HMOP was dismissed and you have not stated about the dismissal of the main OP anywhere in your previous questions. 
If you give improper details, you will get improper opinions only.
Well, now since your main case stands dismissed, you have no other choice than to prefer an appeal against this judgment before the first appellate court. 
If your visitation rights have been denied, then you may file a petition under GWOP with an IA for visitation rights as interim relief.
Approaching high court with a writ petition on this may not fetch you any desired relief.
The next step to be taken by you is to go for an appeal against the judgment in HMOP.





You have said that my only remedy is to file an appeal against the impugned order, this view is quite contrary with view of Mr.Kalaiselvan(my intention of asking this question is to get a right path for me moving forward and not to build a contradiction between you two), in my situation my Trial court is a SubCourt so next for appeal i need to move on to a district court, but is it possible to move to HC under article 226 for my situation ? 

Please note that there is no contradiction in the opinion of both lawyers.  
The confusion in opinions is due to the incomplete information furnished by you.
Well you can prefer an appeal before district court only and you do not have remedy under article 226 before high court.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
The views of lawyers are going to be different in certain scenarios such as this. According to me, an appeal is the only remedy in your case. Art 226 does not come into play in this as there is no violation of fundamental rights.
Ashish Davessar
Advocate, Jaipur
18063 Answers
446 Consultations
5.0 on 5.0

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