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RISHI JI   18 June 2022

DV act case

Respected sir,

My WIFE Rights of evidence closed on Dec 2021 due to not appearing court on several dates and not filled his evidence affidavit.

and after that she has not filled any application on Jan 2022 and Mar 2022 hearing suddenly come at may hearing and filled recalling application under section 311 The code of criminal procedure 1973. ( In 311 application wife narrate false and misleading story.

In between Respondent filled His Evidance affidavit after that filling of respondent evidence wife coming in the month of May and filled 311 application.

DV Act case.

Dear experts please advise

(1) Is There any limitations applicable.

(2) How to oppose evidance recalling application.

Also share judgements.


Learning

 6 Replies

mohinichaubey legalcounsel   18 June 2022

it can be opposed by a lawyer on the basis of limitation and by citing relevant judgements

Dr J C Vashista (Advocate)     19 June 2022

There is no such limitation to recall a witness.

Opposing the application depends upon its contents /facts mentioned therein and law applicable on the subject matter which can not be presumed by experts.

What is the opinion and advise of your lawyer ? 

sunny john   19 June 2022

why you submitted your evidence? if she hasn't filed proof affidavit you should have taken the plea to dismiss the petition.

Shashi Dhara   19 June 2022

It is one type delay tactics ,don't oppose allow it and press for evidence immediately.

P. Venu (Advocate)     20 June 2022

If her grounds are false, you may mention them in your objection.

RISHI JI   23 June 2022

Dear experts please any suggest any judgements because section 311 application filed belated and no explanation given for delay.

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