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Sachin Gulyani (Student)     28 December 2016

Petitioner's evidence

Notice is served in divorce case under section 13(a).

Respondent didn't turn up. The next date was given for framing the issues.  We do not know what issues are framed.  The next date is for Petitioner's evidence.  Now, Lawyer is saying that he is unable to find out what are the issues framed by the court so he is at the opinion that on next date we will appear and will find our the issues and will take the next date for petitioner evidence stage.


My query is that court has already set the date for petitioner's evidence. So I asked the lawyer that lets not skip this date just to find out the issues framed by the court.  Lawyer said okay to it and said that we will be ready with the evidence.


I want to ask what to be presented as evidence?  will it be a kind of affidavit or an application to be filed?  All the evidence is filed during the filing of the case one year back.  Do we need to submit it again?  

The base or the evidence we have are :

1) 8 years of separation.

2) Respondent is indulged in adultery. (Gmail chats are with us)


Now how to present this?  just mentioning these things in an affidavit and attaching annexure will do? or anything else is to be done?


 7 Replies

Anirudha (Advocate)     28 December 2016

If there is no opposition, evidence will be on affidavit. Don't worry too much about Issues, you can ask judge on evidence day before you submit evidence. Worst case scenario you may have to seek adjournment to file your affidavit in evidence on the next date.

Sachin Gulyani (Student)     28 December 2016

Thank you so much for your replies.


@Ramesh Sir, I used to be present on all the dates.  its just that the next date is for petitioner evidence and want to finish it off fast as it can be. Respondent is not turning up on any dates.  The summons was served after a year, then immediately next date the status of the case was "issue".  Now for next date the status of the case is "Petitioner's evidence."



@Anirudha mam, Yes the opposition is not present and hopefully not bothered to remain present on any of the dates.  Not even appeared for single time.  So now we should file an affidavit mentioning that the respondent and petitioner are not living together since last 8 years without giving any reasonable reason and the respondent is indulged in adultery which is also amounting into cruelty.


Anything to add?  

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     28 December 2016

When you file for divorce based on adultery, you'll have to convince a judge that a s*xual affair actually occurred. Adultery can be hard to prove, and a feeling or a belief that your spouse committed adultery isn't going to be enough.

Most people don't have direct proof of adultery, such as an eyewitness account. Cheating spouses usually try to keep a low profile, so evidence of an affair is hard to get.

Sachin Gulyani (Student)     28 December 2016

Sir, then in that case, if we only mention on the affidavit that the parties are not living together since 8 years and there is nothing left into the marriage will be suffice to proceed?  


One more thing to add is that the case is moving towards ex parte divorce.  So there will be no one to counter and cross examine the evidence. So that will be enough to prove the points?

sai narayana   30 December 2016

Your case is exparte. If summons are properly served, you have nothing to fear, judge will grant what ever you ask, very rarely they deny.
1 Like

sai narayana   30 December 2016

If you have the fear, just amend the Petition to include Desertion section. 13.1.i.b. and then lead/file the evidence.
1 Like

Sachin Gulyani (Student)     31 December 2016

My advocate now saying that the evidence which we will submit on our next date has to be served again to the respondent.  



Is this correct?  If yes, then its a headache.  Summons is served after a long year and it is very tough now to again serve the evidence again.



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