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sandeep (pvt service)     14 February 2015

If evidence is missed in rcr case, and case dismissed

Hi,

want to know, if i am fighting against an RCR case filed by wife, and if i fail to file the evidence like the copy of a police complaint filed by her earlier, and a copy of DV filed by her, my lawyer failed to file these evidences. and if the case goes against me due to lack of evidence (due to lackof evidence) and if i lose the case filed by her, then will the high court give me an opportunity to file evidence that i failed to file in defence. or can i file those evidences in my divorce case? or will my divorce case be dismissed just becase she won her RCR? can i say to divorce court that i couldnt file my evidence in RCR case, so please let me file evidences here.

please advise. thanks



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 3 Replies

Jayashree Hariharan (Advocate)     14 February 2015

If the evidence stage has just now gone by, you can file an application for additional examination and file the documents. What has not been filed once will in most cases not be allowed in higher courts.

1 Like

sandeep (pvt service)     14 February 2015

dear mrs hariharan. thank you for your kind reply, my next date is set for argument after evidence closure. so in this case, can i still file for fresh evidence.......i am worried that due to lack of filing of evidence i wlll loose the case due to lack of evidence not filed by my lawer

Adv k . mahesh (advocate)     16 February 2015

their is not problem even in your next hearing at arguments stage also you can file the additional evidences and to court and it is at the court discretion to accept them or not but it is your hold to make use of it 


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