Additional evidence by complainant in dv

Never Give Up (Querist) 13 May 2013 This query is : Resolved
Hello Experts,

During cross of respondent, additional (fresh/new) evidence was led by complainant's lawyer in DV trial even if complainant evidence was closed by pursis long back.

Is this new evidence admissible ? Can respondent's lawyer gets chance to cross complainant on this new evidence ?

Please suggest.

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ajay sethi (Expert) 13 May 2013
if new evidence has been led by complainant you have right to cross examine complainant on said evidence

V R SHROFF (Expert) 13 May 2013
As DV act have no restriction of cr p c or cpc, Magistrate can allow new evidence, and opposite party have right to cross examine the new evidence Witnesses/ author of doc.

Nadeem Qureshi (Expert) 13 May 2013
nothing left to add

Raj Kumar Makkad (Expert) 13 May 2013
The complainant can lead additional evidence only after getting his application seeking additional evidence and in that event, the respondent has full right to cross-examine to him.

prabhakar singh (Expert) 14 May 2013
Allowing or disallowing additional evidence is discretion of court but cross examination
is right of party court can not deny.

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