Divorce case at high court

Unless we see the order copy we cannot guide you in this situation, why the Trail Court rejected the Divorce Case, The trail court would have referred the reasons for rejecting the Divorce Case. that reasons you did not mention in your query. if you are able to specify the reasons then we can guide you how you should represent before the High Court. If your are having an evidence with substantial question of law or other ignorance of law by trail court, the High Court is bound to see the evidence adduced by you in Appeal.

manoj

advocate

8686159292

No, the evidence can only submitted in the trail court and not in appellant court. Evidence rejected by trail court can be challenged in High Court as wrong decision in this regard by the trail court. No fresh evidence can be submitted in the High Court.

As per the Supreme Court Direction in recent Judgment observed that but in three exceptional circumstances additional evidence can be adduced before the appellate court, which is provided under section 107(1)(d) r/w Rule 27 of Order XLI of the code. It is further observed in that ruling that when Hon’ble Court allow the additional evidence to be adduced in appellate stage. The Appellate Court should record the reason for its admission. 

 

manoj 

advocate

8686159292

Additional evidence u/o XLI r 27 CPC that can be produced at appellate court need to be such evidence that was not within his knowledge or could not after due diligence, be produced by him at the trail stage. Onus to show and prove this fact will be on you and for matter relating to divorce a person has all evidence with him at the time of filling the petition of divorce. Any subsequent happening or event give rise to filling fresh divorce petition on new grounds with new evidence and at appellant stage that will not be allowed under this rule.

as per the supreme court guidelines before two decades it is clearly mentioned that SUBSEQUENT DEVELOPMENTS can be looked into. So evidence not produced due to due deligence of the advocate he can make an attempt before the Appellate courts.

 

manoj

advocate

8686159292 

yes you can flile ammendmnt applicting pleading additional evidence n then produce doc n affdvt on record