s..i..n..g..h.. (member) 29 March 2010

whether Witness is necessary before husband in crpc 125

hello

my wife filed crpc 125 on me , case proceeded ex-parte , she has given her statement in ex-parte and after that i appeared and recalled the ex-parte proceedings

now trial started , i filed reply , i want that when ex-parte proceedings recalled her statement should be taken again in my presence before cross- examination

other party says that statement given in ex-parte is sufficient and no need of again recording statement before me and now i go for cross examination

whether i am right that her statement should be recorded in my presence and since ex-parte proceedings recalled due to non summoning of summon so the statement given by my wife has been scrapped

if possible support ur suggestion by judgment

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4 Replies

Guest (Guest) 29 March 2010

I think her statement (examination-in-chief) might have been taken on affidavit. Hence, no prejudice is caused to you. If the statement has been taken in the open court in the presence of presiding officer instead of on affidavit, then also you cannot insist that her statement has to be taken in your presence. You have to show the court that prejudice has caused to you by recording her statement in your absence. Even though, Section 125 appears in Cr.P.C. the procedure evolved therein is civil in nature and as such, your requests are nothing but delaying tactics to defeat the very objective of the section, i.e., to give succour to the destitute women and by denying your request, no prejudice is caused to you.

Devajyoti Barman (Advocate) 29 March 2010

Whether her statements are taken on affidavit or not you can not force for her diposition all over again. Once the ex parte order is set aside you can now just cross examine her so that evidence may be comple.