Witness box
rsraghukumar
(Querist) 03 April 2012
This query is : Resolved
sir what is the meaning of Initial Burden?
I filed OP to declare the marriage as null and void. I have given my evidence as PW-1 and i called first husband he came and given his evidence as PW-2. and i filed some of the ducuments to prove the first marriage.
The girl did not ventured to enter into witness box. she avoided the witness box. simply filed memo stating that there is NO EVIDENE from her side. and all the exhibits and evidences of PW1,2 are sufficent to decide OP.
Now the girl came for appeal. now she is saying that the petitioner failed to prove his case. initial burden was not discharged. what is the meaning of initial burden? in what way i can prove my initial burden? now she is saying the plea in the appeal that priest was not examined, photographer was not examined etc. sir i have doubt here. when first husband came as witness in my case her counsel did not questioned any thing about priest or photogrpher or validity of marriage. now in appeal how can she take new plea. is there any position in the law that the pleadings which are not taken in the Trial court, can be taken in Appeal court. or she is misleading the court now?
ajay sethi
(Expert) 03 April 2012
it means that you have failed to make out a case for declaration marriage null and void .
you ought to have examined priest, photographer in support of your case .
court must have passed a reasoned order in your favour . in appeal she has to make out a case for setting aside order of trial coourt
Shonee Kapoor
(Expert) 03 April 2012
This is a repeated query.
The burden of proof was on you.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Dr V. Nageswara Rao
(Expert) 03 April 2012
1. Initial burden means the responsibility of the petitioner/plaintiff to prove that his claim is upported by relevant evidence to th saitsfaction of the court.
2. You have called the first husband as your witness. He was not even cross examined by the woman.
3. her "no evidence" statement will not help as in a civil suit she is bound to rebut your pleadings and evidence. Bland statement will not do.
4. Can there be better witness than the first husband? True, your examining the priest would have further strengthened your case.
5. She cannot do in appeal what she failed to do in the trial court and raise issues which she chose not to in the trial court.
6 Going by what you say, she may lose the appeal.
Arvind Singh Chauhan
(Expert) 03 April 2012
If You would have mentioned her husbands/ your witness's name in plaint and she had denied the marriage with him. Certainly you did not lead your case properly as not proving marriage with sufficient proof.
Raj Kumar Makkad
(Expert) 03 April 2012
This querist has raised endless discussion on the same subject.
V R SHROFF
(Expert) 05 April 2012
Already discussed
Shonee Kapoor
(Expert) 05 April 2012
Sir,
If you ask the same question multiple times, you would get the same answer.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
