SURESH BABU RAI 06 January 2023

Child witness in matrimonial matter

The circumstances warrants me to produce a child witness of 14 years, who is the son of the parties, in a petition filed for divorce. No doubt I can produce under Sec. 118 of Evidence Act. But what about minors chief examination affidavit, whether minor be deponant of such affidavit or through other means. Please guide me.

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Quick Summary

This discussion explores the legalities of presenting a 14-year-old child as a witness in divorce proceedings. It addresses concerns about the child's chief examination affidavit, questioning whether the minor can be the deponent or if evidence should be presented through other means. Guidance is sought on the process, referencing Section 118 of the Evidence Act and Section 151 of the CPC for leading evidence.