Legal Question in Family Law in India

If we are petitioner, when do we submit (or tell that we have evidences) our evidences (chats, recordings) to court?

As i have the primary evidence - my phone, do i need to submit 65b form?

do I have to submit my phone myself, or court will ask itself my phone after I submit the recording, chats in CD?

Do we have to submit evidences when evidence stage starts in the court?

if we are respondant, do we have to tell or share evidences at the time of submitting reply or at evidence stage?

I have the evidences in primary source in original form in my phone. I have already submitted 125 crpc petition without any evidences attached, & now submitting reply of divorce without submitting evidences. both cases are in stage one.

kindly tell the procedure regarding evidences in matrimonial cases

Asked on 10/13/21, 12:00 am

2 Answers from Attorneys

Dear client u can file yr evidences with yr evidence affidavit. For any legal help call me

Adv Prasad Patil


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Answered on 10/13/21, 4:19 am
Rajiv Chandhok Ph: +919810050896

I agree with Adv Patil.

Yes you have to submit Section 65 B Affidavit with the Transcripts of Your phone data . The recordings and the chats are sufficient in the CD. You may also submit the back up if any. You may also click Photos of your Chat and submit in that CD. The Court may ask for your phone at the evidence stage. There is no harm in submiting your phone with the affidavit if it is an inexpensive handphone. You have to submit proofs with your affidavit of evidence and exhibit all the pfoofs. (This affidavit is separate from the initial and the section 65B affidavits.)

Do as aforesaid in case you are a respondent in another matter. In case you have given your phone in one case then mention the fact in the affidavit of the other case.

All evidences have to be filed when the Court directs for submission of evidence by way of affidavit.

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Answered on 12/02/21, 12:08 am

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