Same family witness

rsraghukumar (Querist) 23 April 2012 This query is : Resolved
sir i filed OP to declare my marriage as null and void.

to prove my case i called first husband as witness. he came and adduced his evidence as PW-2.

First husband also filed Suit prior to my filing of OP. to prove his case, first husband called his mother as witness. his mother came and adduced her evidence as PW-2 and stated that the defendant is her daughter in law and stayed my house.

sir the thing is first marriage is love marriage. in that love marriage only few members attended the marriage, which can be seen by group photo along with negative filed by the first husband.

as the persons who attended first marriage are scarttered because of employment, mother of first husband who did not attended the marriage came and adduced her evidence.

sir, first thing is his mother not attended first marriage, but came and given her evidence by stating that the defendant stayed in her house as daughter in law.

Mother's witness is valid or not sir.

Follow Query

Report Abuse

Shonee Kapoor (Expert) 23 April 2012
Yes, it is a valid evidence.

You need to cross-examine her on other aspects which you want to adduce.

Regards,

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

Deepak Nair (Expert) 23 April 2012
Yes. The submission made by the mother in law as witness is valid.

ajay sethi (Expert) 23 April 2012
evidence given has to be tested in cross . mother is free to depose . she may not have attended the wedding but you have stayed in the house as daughter in law

Devajyoti Barman (Expert) 23 April 2012
Yes .. she can testify whose evidence would be of same value.

Shashikant V. Patil (Expert) 23 April 2012
Yes, of course, in the witness box any person after taking oath only can depose and therefore, she is your month-in-law and none else to come and depose.

prabhakar singh (Expert) 23 April 2012
The evidence being talked about is admissible and has to be believed if testimony is not won by cross examination to the extent of deposition.