Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

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Rajkiran123 (Manager)     03 November 2017

Additional evidence in divorce case

Dear Sir,

I am fighting a case of divorce and petitioner evidence, petitioner cross, respondant evidence and respondant cross are now completed. The case is posted for arguments. Now I have a crucial evidence (judgement of false 498a in favor of me) and would like to submit to the court in my divorce case. Is it possible to submit this evidence now i.e., just before arguments or after arguments and under which section it is possible to take it to the records of court. Thank you in advance for your valuable inputs. 


 3 Replies

Dr J C Vashista (Advocate)     04 November 2017

Your evidence is already closed which shall not be allowed to be supplemented by fresh evidence.

Vijay Raj Mahajan (Advocate)     04 November 2017

You file certified copy of judgment in 498a IPC complaint case at the time of argument to support your allegation of false criminal case being made by your wife thus proving her act of cruelty. The evidence is already closed and fresh evidence can not be allowed which couldn't be produced despite due diligence or was not previously know because rule 17A of Order 8 CPC has been deleted since 2002. However court may recall and examine at any stage of a suit any witness who has been examined under order 8 rule 17 CPC, but this under the discretionary power of the court for which you may move application to allow you to be re-examined by court on the basis of section 498a IPC complaint decision but there is no guarantee if court will allow this.
1 Like

manoj   08 November 2017

With reference to your query I want to express my opinion that the order 18 rule 17 cpc empowers the court to recall at any stage a witness who has been examined and cross-examined. The  court is having power to recall any witness for the purpose of clarification of any ambiguity noticed.  The court is having ever power in Suo motu or at the instance of the parties to the suit. There are number of Supreme court judgments and high court judgments the trail court is having power to recall the plaintiff or complainant for re-cross examination under order 8 rule 17 cpc on the application filed by the defendant read with section 151 cpc. The right of court did not restricted to action of its own motion. If you want I will provide judgments.




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