In what situation respondent is required to produce evidence?

Guest (Querist) 18 July 2011 This query is : Resolved
In what situation the respondent is legally required to produce evidence to negate the allegations of petitioner? I mean if the petitioner does not produce evidence to prove his allegation, then would it be the duty of respondent to produce evidence to negate the allegation? The law says that the burden of proof lies on petitioner... but in some case the lawyers ask the respondent to produce evidence if petitoner does not produce evidence to support the allegations and if at the same time its possible for the respondent to produce evidence to negate the allegations..and they also say that if respondent dont submit evidence, if its prima facie possible for him, the case may go agaist him.

eg. Wife's allegation is that husband is impotent. But she does not take any steps to file application for his medical checkup. In such situation some advocates advice the husband to sumoto file application for his medical checkup, othewise the case may be decided against him (ie. adverse inference). But at the same time a few advocates advice no need to sumoto file application for medical checkup.

So, please help me to understand in what situations the respondent is supposed to submit evidence during trial.

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prabhakar singh (Expert) 19 July 2011
respondent evidence must come only to counter attack the burden discharged by petitioners' evidence,or when there is some legal presumption in favor of petitioner about a fact alleged by him and rebutal burden lies on respondent to prove the negative of presumption,raised by law.