LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Doomed_Man (Respondent)     10 December 2015

Evidence in 125 case

In my 125 Crpc case  interim is ordered and wife has filed 'AFFIDAVIT IN LIEU OF ORAL EVIDENCE OF PETITIONER" . Hasn't filed any documents (like emails or any other proof) for exhibit. Is this acceptable. Next date she will be cross examined. Can she file other evidence after cross ? I am really confused.


 10 Replies

P.Bashista (Advocate)     10 December 2015

She can file so with the permission of the Court but you should take an objection to it. Then the Court has to see that your objections are reasonable or whether it would be appropriate to allow her to file these documents at this stage and was there sufficient reason for her for not able to file at the ealier stage.

Doomed_Man (Respondent)     10 December 2015

Thanks ...If she files it later it will be like cheating, as her cross was based on what she had filed earlier

P.Bashista (Advocate)     10 December 2015

Not like cheating but yes Court can reject to accept it and be a part of evidence.

Srinivasa Rao Yaramati (advocate)     10 December 2015

what my friend P. BASHITA had said is coreect court has decriation powed to allow evidence 

Adv. Sagar R. Jadhav (Proprietor)     10 December 2015

She can lead the evidence before court after her cross examination but with the permission of the court that too with your reasonable cause.

Doomed_Man (Respondent)     10 December 2015

Yes but things like email / whatsapp and other electronic evidence should not be allowed later as they could have been presented earllier

FightForCause (Businessman)     11 December 2015

Hi Doomed Man,

She will have to provide strong reasons to give these evidences later and court will take a view and may also impose monetory fine to accept them.

Dontr worry about the new evidences, if produced and accepted by court, you will have right to again cross examine her based on those documents.

Also if you feel those documents can harm u, be prepared

Like if she produces emails or whatsapp chat then your defence is to deny them and also she needs to produce them with a certificate/affidavit according to (IEA) Indian Evidence Act section 65b.

Educate yourself on IEA , read judgements and all sections.

Go to Law Library and educate will help immensely.


All the best.


She can file an application for submitting further suplementary evidences,but its the discretion of the court to accept or not.The court may allow if they are found to be a determining factor in the case.

Doomed_Man (Respondent)     11 December 2015

Thanks all for your views

I.S.Roy,Advocate (Advocate)     16 December 2015

         I am very sorry to say that now a days the judgments are given taht  even appilication is not required for intirim maintenance so, don't expect such procedure to be adopted in intirim maintenance whereas no evidence or cross examination is required. If you agrieved tehn prefer a revision only.


with regards

I S Roy, Advocate

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register