Order xviii rule 4 of the cpc 1908
Knowledge Gainer
(Querist) 03 February 2012
This query is : Resolved
PETITIONER WIFE HAS FILED EVIDENCE AFFIDAVIT UNDER ORDER XVIII RULE 4 OF THE CPC 1908. SHE HAS DEMANDED MORE PROOF FROM ME. SHE HAS MADE ALLEGATIONS LIKE DEMAND FOR DOWRY, NON-PROVISION OF FOOD, FREQUENT SLAPPING AND biting etc. My query is that it is the Hon'ble Supreme Court's Verdict that Petitioner has to prove all his/her allegations with necessary witness and supporting proof.
Mere filling evidence affidavit on oath and affirm all such allegation is valid in the court?
Should I require to prove my innocence?
What evidence she require to submit in the court in support of her claim e.g. She says I am demanding dowry and for that respondent i.e. I was harassing her mentally and physically. Now in the absence of complaint u/s 498A and other procedure how she prove that I was demanding dowry. Mere her statement that I was demanding dowry and harassing her is suffices?
Devajyoti Barman
(Expert) 03 February 2012
You have rightly learn that the burden of proving the plaint case depends upon the plaintiff only and he can not take advantage of weakness of defendant.
The dowry demand can be proved by oral evidence through various witnesses fro which filing case u/s 498A is not necessary.
prabhakar singh
(Expert) 03 February 2012
A PARTY SETTING UP A CASE HAS TO PROVE IT EITHER BY ORAL OR DOCUMENTARY EVIDENCE IN IT'S CHOICE.
YOU HAVE RIGHT TO CROSS EXAMINE HER AND ALSO TO LEAD YOUR EVIDENCE TO PROVE YOUR OWN DEFENSE EITHER BY ORAL OR Y DOCUMENTARY EVIDENCE.
Raj Kumar Makkad
(Expert) 03 February 2012
I do agree with the common advice of both experts.
