Witnessbox

Querist : Anonymous (Querist) 23 January 2012 This query is : Resolved
two matrimonial issues are going on in the same court. one is OS and OP. in both the cases the respondent is same. respondent is lady here. she filed chief affidavit and counter in OS and OP. Plaintiff and Petitioner have aduced thier evidences. but when the respondent's turn has come she did not attended witness box in both the cases that is OS and OP.
sir now my doubt is :
what is the gravity of Chief affidavit and Counter filed by the respondent filed by the respondent when she did not attended the witness box.
The pleadings taken by the respondent in chief affidavit and in counter are valid or void when she did not entered into witness box. will court will take the cheif affidavit and counter into consideration.

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Shonee Kapoor (Expert) 23 January 2012
Unless cross happens, chief can not be read as evidence.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 23 January 2012
Her evidence shall not be read but the cross-examination of the witnesses of the petitioners shall be duly taken into consideration apart from the written statement filed by respondent.

Devajyoti Barman (Expert) 23 January 2012
The evidence of a person gets expunged if he/she does not face cross examination.
In other words no evidence is complete without cross examination.

V R SHROFF (Expert) 24 January 2012
Once Not Cross Examined, the Facts not PROVED, so Evidence get rejected.

prabhakar singh (Expert) 24 January 2012
She shall be deemed not to have taken any effort to prove her case if she denied to enter witness box for her cross examination.

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