Improved allegations
a k pandey
(Querist) 09 June 2012
This query is : Resolved
If a wife, in divorce case filed by husband, and in case of CrPC sec.125 filed by wife makes new allegations during evidence other than allegations made in reply and application, what is impact of such allegations in that situation?
Whether such improvements during evidence can be allowed by court?
Issue has been framed in divorce case, but evidence has not been started yet.
Contradictory statements has been submitted by wife in both the cases.
ajay sethi
(Expert) 09 June 2012
wife cannot seek to improve upon her case in evidence .
Devajyoti Barman
(Expert) 09 June 2012
Well it is not allowed.
Even if the same is recorded it is not admissible.
However minor variations is permissible but not contradictory statements.
Kiran Kumar
(Expert) 09 June 2012
the simple law is that the evidence cannot be beyond pleadings.
this expression answers all you queries.
V R SHROFF
(Expert) 09 June 2012
125 is criminal proceeding,
Divorce is civil proceedings.
Both the cases are separate.
Unless statement made is cross examined and proved in one case, same cannot be used on the basis of allegations alone.
Again, Evidence can be lead to prove/ disprove pleading.& Argument cannot travel beyond evidence.Any pleading, without being proved, cannot be used to contradict in another and separate case.
In both cases, it has to be proved independently.
a k pandey
(Querist) 12 June 2012
Sir,
As the statement/allegations made is under oath by the wife can it not be used to contradict in another and separate case.
