Is this waiver

Prakash (Querist) 05 October 2012 This query is : Resolved
Ld Counsels,

Husbands files a document which is the affidavit of wife to prove by admission that certain enquiries made for which representations were made by wife prior to marriage.

This affidavit is marked as exhibit.

In the cross examination if husband states that there is no document to prove the allegation that the particular representation was made would it amount to contradiction or nullify the effect of the document marked (affidavit) for proving the said representation.

Does waiver apply to appreciation of evidence.

Thanks.

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Prakash (Querist) 05 October 2012
Or can it be said that document speaks for itself and the statement of husband in cross examination cannot allow the court to overlook the evidentiary value of the document.

Thanks in advance.

MohammedRaffiq Bijapur (Expert) 05 October 2012
You know that the documentary prevails over the oral testimony.
If a fact required to be establish can be proved by both document and oral evidence. if the document is admissible then the contrary oral evidence is always weak evidence.

Guest (Expert) 06 October 2012
"Husbands" how many?

First of all both of your statements are confusing in so far as that do not indicate whether you have asked the question from the husband's side or the wife's side. Had you made a mention of the problem clearly, without making your query of academic nature and so confusing. By keeping the facts at bay, instead of any proper solution to your problem, you are likely to get more confused rather to be gained.

Anyway, there is a difference between the statement and proof. Staement about the document being no document or the document being untrue cannot stand unless proved so. Husband would have to prove beyond doubt the affidavit to be false.

Moreover, if the husband himself has filed the said document, he cannot claim the document to be false. If he does so, he himself creates contradictions in his own case.

Shashikant V. Patil (Expert) 06 October 2012
Agreed with experts opinion.

Arun Kumar Bhagat (Expert) 04 November 2012
Settled law is " A Witness can lie but the document can not lie."

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