Can a husband give evidence in court if wife is ill
Guest
(Querist) 15 October 2010
This query is : Resolved
My wife is ill and I gave evidnce in court with duly swort affidavit and power of attorney from my wife.Then case goes to District Court and now in High court.In high court opposite party advocate objected that Husband can not give evidence.Pls guide me whether I can give evidence or not.Also mention me some authorities and case law.So that I may give this to my counsel
R.Ramachandran
(Expert) 15 October 2010
If your wife is ill and cannot go to court to give evidence, then the Court can appoint a Local Commissioner to record the evidence from your wife by visiting your house.
Khaleel Ahmed Mohammed
(Expert) 15 October 2010
If you have registered GPA . You can aduce evidence on behalf of your wife. No objection will be entertained.
Daksh
(Expert) 15 October 2010
Dear Anonymous,
There are two limbs to your query firstly if the court has accepted your deposition then that means that other side had a right to object but that has been rejected. Secondly even now your wife can file affidavit/application stating that what you did was on account of her ailment and she again reiterate and is still willing to depose before the commissioner if so appointed by the court - subject to the condition that Doctors give a go ahead and the other side bears the expenses for the same.
Best Regards
Daksh
Basavaraj
(Expert) 15 October 2010
There two option are available as 1. Court will appoint commissioner to visit your wife.
2. Registered Deed in respect of this issue.
aman kumar
(Expert) 15 October 2010
I agree with Mr.R.Ramachandran
Kirti Kar Tripathi
(Expert) 15 October 2010
I am not agree with other experts. as affidavit always relates with the case and in case a person giving affidavit shows that he is well acquainted with the facts and related with the facts deposed in the affidavit. his affidavit is admissible.
pawan sharma
(Expert) 15 October 2010
in this position the affidavit as chief is not admisable as evidence the sithation on which the expert Mr.Tripathi stated is a ex-parte proceding, if the witness is not appear for cross examination the chief of that witness is not admited in the evedence. For ready refrance quoted the Rule 1 of this order-
1. Cases in which Court may issue commission to examine witness
Any Court may in any suit issue a commission for the examination on interrogatories or otherwise of any person resident within the local limits of its jurisdiction who is exempted under this Code from attending the Court or who is from sickness or infirmity unable to attend it:
1[Provided that a commission for examination on interrogatories shall not be issued unless the Court, for reasons to be recorded, thinks it necessary so to do.
Explanation-The Court may, for the purpose of this rule, accept a certificate purporting to be signed by a registered medical practitioner as evidence of the sickness or infertility of any person, without calling the medical practitioner as a witness.]
Uma parameswaran
(Expert) 15 October 2010
I am also supporting Pawan Sharma's view.
niranjan
(Expert) 15 October 2010
Power of Attorney can give deposition on behalf of his principal,but it would carry weightage only on the facts of his knowledge.Simply objecting to your deposition is not correct but that learned advocate must be objecting to the facts stated by you in your deposition.So wholly it is the question of evidentary value of your deposition and not on your authority of giving deposition.
Kirti Kar Tripathi
(Expert) 15 October 2010
Even in the situation where the proceedings are not ex-parte, the affidavit is admissible under the circumstance as i stated earlier. However, the opposite party has a right to cross examine the witness on the contents of affidavit.
