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RISHI JI   18 December 2021

CRPC 125

maintenance case was pending from 5 years. Evidance affidavit filed by petitioner and partially cross examination done (only 5 or six question). after that Wife didn't attend for cross examination and after giving a 2 year time, judge closed her evidence.

so want to know evidance affidavit which supported documents already tender considered as evidance. at the time of final judgement without cross of petitioner (wife)

is there any benefits for respondent to stop interim maintenance which is granted by court from date of filling of petition.


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 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     18 December 2021

Hello,

Wife's evidence will not be considered if wife does not enter the witness box. The evidence is incomplete in your case so case is not proved. You can take benefit of the same. Court may disallow her interim maintenance as per merits of your case. 

RISHI JI   18 December 2021

how to deny interim maintenance which granted from date of filling of petition.

Anaita Vas   18 January 2022

Affidavits are used as a form of testimony in judicial proceedings to supplement claims made and to serve as evidence in civil actions and criminal prosecutions. The facts within the affidavit may be either based upon facts known by the affiant or upon beliefs that the affiant holds, as long as they are clearly stated.

An affidavit is treated as “evidence” within the meaning of Section 3 of The Evidence Act.

However, an affidavit cannot ordinarily be used as evidence in absence of a specific order of the Court.

As per Order 18 Rule 4, in every case, the examination in chief of a witness shall be on Affidavit. This does not mean that it is imperative to have the examination-in-chief always by affidavits as held by Hon'ble Supreme court in “Ameer Trading Corporation Ltd. v. Shapoorji Data Processing Ltd. This also does not mean that mere filing of affidavits is treated as examination in chief. It is only, when the affidavit filed in the court is taken by it as chief examination, the statement of fact contained in it amounts to evidence in the chief examination. Mere Examination in chief is not evidenced unless cross-examination and re-examination are being taken place.

You may challenge the order in High Court within 30 days of the orders and it is possible that the High Court will pass suitable orders. The appeal filing may take 2-3 days time. The review may not solve the purpose and there are enough chances of review petition failure. The High Court approach may bit costlier.  

 

Regards,

Anaita Vas

 

 

 

Parasar   19 January 2022

stop paying interim but keep that money aside, file cost petitions and memos seeking dismissal of the case, let her come back and file execution petition, you can pay then, for further queries drop an email sarvepallilegal@gmail,com


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