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atul   04 February 2016

Evidence for allegations - oral vs witness

Learned members,

 

My wife made several allegations against me and my parents when I filed RCR u/sec 9 HMA against her.

 

Which evidence is valued more - Oral or the witness that a wife brings to the Court?

 

If the wife makes only blatant allegations, she usually prefers oral evidence. Is that oral evidence considered sufficient in matrimonial litigations.

 

Please explain.

 

Atul

 

 

 

 

 



Learning

 3 Replies

Vijay Raj Mahajan (Advocate)     04 February 2016

 

Yes oral submission is good enough evidence in matrimonial cases, in your matrimonial home in usual practice you don't have witnesses sitting observing each and every activities of husband and wife, what they two experience is submitted in Family Court proceedings, certain documents if either possess for subsistent their submission can also be made evidence by the parties similarly any witness to the matrimonial dispute can also appear as witness for the party. The Family court shall go through in totality all the evidence produced by both parties to conclude its decision with regard to the pending petition before it. However the onus to prove his/her case lies on the petitioner hence the petitioner should go well prepared with all available evidence to prove his/her point of view to get relief from the court.

b.goheel   04 February 2016

totally agree with mahajan sir tht there is no witness in matrimonial dispute. and if it is thn most of the time frm husband side bcoz bride stays in husband's/in-law's home.
sir, thn naturally relative of husband who is present there never give witness in favour of bride. so one hs to rely on bride and her relative whose evidence is based on hear say.

nw a days bride r ownself clever or to b made.

in tht scenario, hw hon'ble court come to conclusion.
since u r experienced lawyer u come across many instances of malpractise frm both side.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     04 February 2016

I co incide in opinion with Mr Mahajan


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