Indian Law Primer

Blog about law, India and matters pertaining to Indian law

Documents

A document means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter.
§ A writing is a document
§ Words printed, lithographed or photographed are documents
§ A map or plan is a document
§ An inscription on a metal plate or stone is a document
§ A caricature is a document
Documents are also defined under Section 29 of the Indian Penal Code in similar terms.
§ A photograph may be received in evidence if it is above suspicion. (L Choraria v. State of Maharashtra, 1968)
§ Currency notes are documents (Shyma Charan, 1962, Tripura)
§ Marks made on trees by Forest Rangers are documents (Krishtappa, 1925)
The (1) existence, (2) correctness and (3) contents of documents are to be ascertained.

The Indian Evidence Act

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Protection to Mistresses and Live-in Partners

Holding that a mistress or a live-in partner is to be treated at par with a wife under the Domestic Violence Act, 2005, a Bench of the Delhi High Court comprising Justices Vikramjit Sen and P K Bhasin has said:

We find no reason why equal treatment should not be accorded to a wife as well as a woman who has been living with a man as his common-law wife or even as a mistress.

Like treatment to both (wives and mistress) does not, in any manner, derogate from the sanctity of marriage since an assumption can fairly be drawn that a live-in relationship is invariably initiated and perpetuated by the male.

In unfortunate and uncomfortable situations like these, if the protection given to unwedded women results in the diminution of funds available for maintenance of the legally wedded wives and the legitimate children, such diminution would not render the statute unconstitutional.

There is perception, not unfounded or unjustified, that the lot and fate of women in India is an abjectly dismal one…the argument that the Act is ultra vires the constitution because it accords protection only to women and not to men is, therefore, wholly devoid of any merit.

The court should also not be impervious to social stigma which always sticks to women and not to the men.

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