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Dinesh   14 June 2025

In hma 13(1)(i-a): is respondent req'd to 1) give evidence affidavit and 2) be cross-examined?

In a contested divorce case u/s 13(1)(i-a) of HMA, is the Respondent legally required to:

1) give evidence affidavit and 

2) subject themselves to cross examination?

Or, can the Respondent choose to forego these? This might be the case if the Respondent feels the Petitioner's case is very weak and there is no need to lead evidence and get cross examined.

If possible, kindly provide specific references to relevant laws (e.g. in CPC).



 3 Replies

T. Kalaiselvan, Advocate (Advocate)     14 June 2025

In the divorce case, whatevr the circumstances be, respondent in a legal case can decline to give evidence, but this refusal can have significant negative consequences. 

While they are not legally compelled to testify in their own defense (unless specifically ordered by the court, like in the case of a subpoena), not offering their testimony can create a negative inference against them, impacting the court's assessment of their case. 

Not testifying can negatively impact the perceived credibility of their case. The court might see it as a lack of confidence in their own claims.

Sometimes, a respondent might choose not to testify based on strategic legal considerations, such as avoiding cross-examination or not wanting to expose weaknesses in their case. 

However, the potential negative consequences must be carefully weighed.

Dinesh   14 June 2025

Thank you T. Kalaiselvan Sir for the prompt response.

It seems to me that u/s 315(1) CrPC, no adverse inference can be drawn against an accused for choosing not to give evidence. However, as per your response, I could find no such provision in CPC. Hence, generally speaking, it seems unwise for Respondents to choose not to testify.

T. Kalaiselvan, Advocate (Advocate)     14 June 2025

The section 315 cr.p.c. is criminal law whereas you are seeking clarification under civil law.

Therefore you may decide accordingly on all such further issues.


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