sunnyonemorevictim 28 April 2016

Documentary evidence queries

In a crpc 1 2 7 petition filed by wife for maintenance change, husband gave the written counter reply.
There are few documentary evidence to be marked as exhibits from husband. Please suggest for below queries :
1. There is no oral evidence from husband side, however there are some documentary evidence supporting the statements in counter. So can these documentary evidence be marked as exhibits from husband side? If so when ( at what stage) and how it can be done?
2. Wife is not coming for oral evidence, can she skip her oral evidence ? Can wife still be cross examined by respondent side even if she doesn't come for oral evidence( examination in chief)?
3. Which of these is a mandate for petitioner and respondent - oral evidence( examination in chief) and to be cross examinated by opposite party?

Thanks

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3 Replies

Dr Martin Campbell (Doctor) 28 April 2016

Whether wife files her evidence by way of affidavit or adduces oral evidence, the husband will get a chance to cross her in both situations. husband will get a chance to move defence evidence before matter is fixed for arguments.

sunnyonemorevictim asked a query in Experts
"False 498a, witness not coming to court"

about a year ago

One year already over, dont waste more time, 498a, or DV or 125 crpc, 24 hma, all these cases are time consuming, however and whichever angle you look at it, women wins. You will only lose time. Go for settlement, and take mutual divorce would be my suggestion.

sunnyonemorevictim 28 April 2016

Thanks Campbell for the response! Your photo looks very interesting !!

So husband if he has to mark his documentary evidence as exhibits does he have to wait until his evidence stage or it can be done during her cross examination itself?

Opponent side instead being on ground they are sitting on mountain demanding huge amounts that cannot be met by normal person, so something has to happen only they come to ground. You can suggest someways how to make them to come to ground.

sunnyonemorevictim 29 April 2016

Martin

Can you please get back for this below?

So husband if he has to mark his documentary evidence as exhibits does he have to wait until his evidence stage or it can be done during her cross examination itself?

thanks