RISHI JI 22 December 2021

Evidance Maintenance case

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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Quick Summary

This discussion addresses a long-pending maintenance case where the wife's evidence affidavit was filed, but cross-examination was incomplete. The core question is whether this affidavit, along with supporting documents, can be considered valid evidence for the final judgment, especially if the wife fails to attend further cross-examination. The consensus suggests that an incomplete cross-examination renders the affidavit potentially invalid as evidence, impacting interim maintenance claims.

4 Replies

Shashi Dhara 22 December 2021

No u cannot you can only lead your evidence that she is not entitled to any maintenance and to dismiss the suit.

Advocate Bhartesh goyal (advocate) 23 December 2021

Evidence affidavit of your wife is no evidence in eye of law as she did not turn up for cross examination so her cross examination could not completed . Documents submitted and marked exhibits in her chief examination ( affidavit ) will not considered at the time of final arguments and decision of case.