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Anonymous
in Procedural Law Family Law
Asked May 27, 2017

Procurement of Evidence from Defendant

  • 2 Answers
  • 633 Views

I hv filed a pwdv and a divorce case against my husband with allegations of dowry, physicalland mental harassment, drinking and desertion for 5 years. I have sumitted all evidences in court in my pwdv case,now my husband has objected to the return of these documents which i shall be requiring in my mat case as well. He is harrassing me in my divorce case and delaying the matter. The hearing for my divorce case is on 3.6.2017. Please advice my husband is a central gov.employee. What are the ways by which I can also put a pressure on him to come to a conclusion.

Answers 2

Ma'am 

 

Yo dont need to get the documents returned to you to be filed in the Mat Case. In the said proceedings file the photocopy of the documents, at the time of your evidence in the divorce case, you can summon the court staff of the concerned court to bring the judicial record of the DV case.

 

The orignals on record of the DV case will be seen and returned, and all the photocopy documents in the Divorce case would be exhibited in your evicence.

Agree Comment 0 Agrees almost 4 years ago

An application can be filed under Order 13, Rule 9 of the Civil Procedure Code 1908. Unless an appeal is preferred and it is important to retain the documents, either party can file an application and ask for the same. [1] In the case of Des Raj Alias Parbhatu and Anr. V. Raghunath Singh[2] it was held that once certified copies are placed on record, original copies can be asked back for. However original copies can only be asked for once certified copies are placed on record.

Therefore if your husband is withholding the return of documents which are essential to your matrimonial suit, file an application under Order 13, rule 9 after submitting certified copies of the same.

 

[1] https://www.nls.ac.in/lib/bareacts/civil/cpc/cpco13.html

[2] AIR 2004 J K 64

Agree Comment 0 Agrees over 3 years ago

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