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T. VINOD KUMAR
Peechara Venkateshwar Rao – Appellant
Versus
Juvvadi Vamshi Krishna – Respondent
ORDER :
(T. Vinod Kumar, J.)
1. As a common issue arises for consideration in these revisions, they are being disposed of by this common order.
2. The underlying interlocutory applications are filed in G.W.O.P. No.43 of 2020 before the Principal District and Sessions Judge-cum-Family Court, Medchal-Malkajgiri, at Kushaiguda.
3. The Respondent No.1 herein had filed the underlying OP under Section 10 & 25 of the Guardians and Wards Act, 1890 (for short ‘Act, 1890’) seeking custody of his Minor daughter. The petitioners herein are the respondents in the said OP and are the maternal uncles of the minor child.
4. C.R.P. No.491 of 2024 is filed aggrieved by the common order dated 20.01.2024 passed in I.A. No.5 of 2024 filed by the petitioners herein under Section 65 of the Indian Evidence Act, 1872 (for short ‘Act, 1872’) read with Section 151 of the Code of Civil Procedure, 1908 (for short ‘the Code’) seeking to mark the photostat copy of the settlement deed dated 08.05.2019 titled as ‘Oppanda Patram-I’ as secondary evidence.
5. C.R.P. No.528 of 2024 is filed aggrieved by the order dated 20.01.2024 passed in I.A. No.3 of 2023 filed by the petitioners herein under Section 151 of the Code
Family Courts have discretion to admit evidence that may not strictly comply with the Indian Evidence Act, focusing on relevance to the case.
Secondary evidence – Family Court has discretion to both receive and form opinion on a document which may otherwise be inadmissible under provisions of Indian Evidence Act, 1872.
Family Courts can admit evidence, including electronic documents, without strict adherence to Evidence Act requirements when necessary for effective adjudication.
Family Courts can devise their own procedures, allowing flexibility in evidence admission, and are not strictly bound by the Civil Procedure Code in matrimonial matters.
Will - Proof of documents by primary evidence.—Documents must be proved by primary evidence except When the original is shown or appears to be in the possession or power— of the person against whom t....
Family Courts are not strictly bound by the Civil Procedure Code and can adopt their own procedures, allowing the admission of evidence not previously filed.
Documents regarding the declaration of pre-existing rights are not compulsorily registerable and can be proved by way of secondary evidence. The court must address objections related to stamp duty an....
Secondary evidence may be admissible when the original document is lost or misplaced, provided sufficient justification for its non-production is established.
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