Need Guidance on HMOP Section 9 - Stages & Proofs
6 months ago
Sir / Madam,
I got cheated on in my marriage, where I and my wife stayed in a matrimonial relationship for a week and we departed. I have filed a Divorce petition in the Telangana state. Later my wife filed a 498A case and following that after 7 months, she also filed an HMOP under Section 9 Case asking for "Restitution of Conjugal Rights" where both the cases she filed are in Andhra Pradesh state. For the HMOP Section 9 Case, I have been mentioning to my local advocate to submit my proofs to the court but so far he has not submitted them. The current status of this case is Cross Examination of Petitioner (my Wife).
Please reply to the below 5 questions about the Section 9 case. I will appreciate your valuable guidance.
1) I have requested the local advocate to submit the proofs to the court before the Cross Examination of my wife starts but the local advocate has mentioned that the court will give chance to the Respondent to submit the proofs at that time, as a Respondent I can file a petition with a written statement to submit the proofs. Please suggest when to submit the proofs to the court, can the proofs be submitted during any day of the court or at the hearing, what will be the correct approach for proof submission at which stage, so that I can convey to the court there is no mistake from my side.
2) What are the different stages at the court after the "Cross Examination of Petitioner"?
3) Under which section/order do the Proofs i.e. Audio, Video and pictures have to be submitted to the court?
4) After the proofs are submitted to the court, will there be any chance my wife and her advocate can get access to the proofs and misuse them?
5) The Audio/video proofs are in the local language i.e. Telugu, There are many files which I will submit to the court. Along with the proofs, Do I need to provide the Legal transcripts and get them certified, Is this required which is expensive?
1) The submission of evidence typically follows a specific procedure in Indian courts. Your local advocate seems to be correct in suggesting that the Respondent can submit proofs after the Cross-Examination of the Petitioner.
2) Generally, after the Cross-Examination of the Petitioner, there are stages like the Cross-Examination of the Respondent, arguments from both parties, and the judgment.
3) The submission of the evidence in question is governed by Section 65 A and Section 65 B of the Indian Evidence Act, 1872.
4) Generally, evidence submitted in court should be accessible to both parties involved in the case, including your wife and her advocate.
5) If the audio/video proofs are in a local language like Telugu, it's advisable to provide legal transcripts to ensure that the court can understand the content. These transcripts should ideally be prepared by a certified and qualified translator. While this can be an additional expense, it is essential for the court to consider the evidence effectively.
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