re cross examination
Umesh Pandurang Jadhav
(Querist) 23 June 2018
This query is : Resolved
Recently ronika and manish case is going on in which the family court passes no cross order bcoz ronika n her lawyer were absent.
In criminal court the judge passes NBW to ronika bcoz she was absent.
Married on 10-10-15,
Petition filed by manish on 10-4-16. In family court .
Ronika declared unmarried status in election affidavit on 20-10-16.
Ronika futher filed w.s on 10-3-17.
My question
If to give more weightage to election affidavit then is it possible for ronikas lawyer to take again re-cross examination of manish on base of w.s which was filled in court after declared of election affidavit.
K Rajasekharan
(Expert) 24 June 2018
The question lacks clarity and hence it is quite difficult to answer it.
However one thing is sure as per evidence act that any new evidence adduced by a party will have to be examined in cross to elevate it to the level of proof by the court.
Otherwise it would be a one sided version of evidence that has no standing as prooved evidence.
A piece of evidence will achieve the status of proved evidence, only after it undergoes cross from the adverse party.
Umesh Pandurang Jadhav
(Querist) 24 June 2018
Full case here
Ronika and manish married on 10-10-15, husband & wife running their case in family court . In beginning Manish filled petition for divorce from Ronika... Even Ronika gave replied to Manish's notice and submitted W.S on 10-3-17 in family court.. After wards Ronika declared under oath on affidavit regarding marital status as UNMARRIED in election ...on 20-10-16. In addition Ronika declare that she is wife of her father in general affidavit which was additional attachment to other election affidavits . Manish received her election affidavit of unmarried status via RTI and submitted to family court judge .. Manish filled private case under section IPC 420 & 406 in criminal court on 12-8-17. Even criminal court judge issued notice to Ronika under IPC 420 & 406.Even election commission launched 125A RP act 1951 against Ronika . My question Possible for Manish to launch defamation case against Ronika ? How much money do Manish need to pay to court ?
