Hello, my query is regarding a CrPC 125 Maintenance case. The wife had been delaying to submit her evidence under various excuses for many months. After multiple adjournments and strong objections by the husband, she had no choice but to submit her evidence along with a list of documents (over 150 pages). The matter was then adjourned for her Cross.
However, on the day of the cross, she submitted another Affidavit titled "Examination-in-Chief along with more evidence". The husband took a strong objection to this and promptly moved an application to reject this another Chief Affidavit as the case now has 2 Examination-in-Chief for the wife (also, there is no new development in this 2 month period since when she had submitted her original Chief, which would have led to her filing new evidence/Chief. In addition, all the documents are simple Xerox copies). The matter is fixed for hearing.
My question is : Is this even allowed under any legal provision ? Can she submit multiple Examination-in-Chief in this manner ? She had all the time in the world to submit everything with her original Chief. Now, with an intention to further delay the proceedings, she is playing such tactics.
Also, are there any SC/HC citations that the husband can use for arguments ?
Thanks a lot for your help.
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