Sunil Kumar (IT) 26 July 2016

Petitioner evidence during respondent cross examination

Hi Experts,

Below are the step that I went through in last 2 years in Family court Bangalore.

1. Wife filed for contested divorce

2. Mediation failed.

3. Petitioner - Wife's evidence - Over

4. Petitioner - Wife's cross examination - Over

5. Respondent - Myself - evidence - Over

6. Repondent - Myself - cross examination - Half over - To be continued in the next hearing date.

Now my wife wants to submit some evidence, Will the court allow, ?

How should I object it.

Also experts, Please let me know about steps 7, 8 and 9 in my list ?

Thanks

Sunil

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5 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 26 July 2016

Your wife shall have to apply to the court through an application under order 18 rule 17 seeking re opening of her evidence. However she has to have a valid ground to do so. Oppose the said application in case you feel that she already had this evidence previously as well but failed to produce it.

Augustine Chatterjee

Advocate & Solicitor at Law

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Sandhya Srinivas (Advocate & Legal consultant) 27 July 2016

Yes your wife can file applications for reopening and recall her side evidence. You can file a strong objections for her aplications. The judge will hear arguments on the applications.

If your wife convince the court about the importance of evidence by her applications and arguments . The court will allow the applications. If she fails, then court will dismiss the applications.

Sandhya Srinivas (Advocate & Legal consultant) 27 July 2016

For any more clarifications you can mail me to

sandhyanexlaw@ gmail.com

I am practicing Advocate from Mysore.

Born Fighter (xxx) 28 July 2016

your case has progressed fast so far in last 2yrs.

This is ur wife's tactic to delay the matter by producing few more evidences. take steps as advised by experts above

Adv. Harish Adake (Advocate) 17 February 2017

Apart from 'reopening of her evidence', she has another option to use her evidence/documents during your cross-examination to confront you on those documents ... in later case you have to answer appropriately on the questions based on those documents ... if you are sure you may have option to deny those documents in your cross, if that suits your case ...