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Soman (Dy Manager)     02 March 2015

Witness after evidence is over

My wife filed for divorce two and an half years back on cruelty basis, also filed for maintenance under sec 125.

Her evidence is over and she said there are no other witness. Then my evidence also got over though her advocate tied to delay the same. I produced proof that I had saved money in her account and I was sending her money.

Now, she has brought two witnesses for trial, one her relative and another person whose name was never mentioned anywhere in the case or during evidence.

Is this permitted?

My advocate says we can apply for rejection of her request, but he is of the opinion that court would sympathise with wife.

How to stop this?



Learning

 8 Replies

Adv. Chandrasekhar (Advocate)     02 March 2015

Your advocate is absolutely correct.  Such applications are normally permitted but with nominal costs.  The courts shall strive for final justice instead of technicalities, especially civil and more particularly in matrimonial matters.

1 Like

R.K Nanda (Advocate)     02 March 2015

oppose her application strongly in court and request court to dismiss it as not maintainable now as her evidence is already over.

 
Thanks,
 
You can also opt for CLICK TO TALK option for more legal advice on mobile.
 
 
 
 
 
1 Like

Adv k . mahesh (advocate)     02 March 2015

i to agree with your lawyer if the witness is more important and the same can change the fate then court will consider their petition and also in some times court will be favourable and dont go back even your lawyer can request to dismiss the petition 

1 Like

Samir N (General Queries) (Business)     02 March 2015

My opinion is somewhere in between the opinions given. You must argue strongly that she COULD have brought these witnesses earlier (unless she has given compelling reasons for the delay) and that there is not anything that these witnesses can provide that she could not have presented earlier or some such reasons to oppose her application to reopen the evidence.  You must use the language of some cases/judgments which support your opposition to her application.  Worst case scenario? Your application gets rejected... nothing to lose.


The follow-up scenario is the more interesting part which is what compelled me to respond. If her witnesses present new evidence such as photos or documents, then you can use this evidence to recall your wife as a witness and cross-examine her on the new evidence and can thereby negate any new evidence that is adverse to you, if presented by the new witnesses... New evidence after evidence is closed, opens a pandora's box... you can use it to your advantage with follow-up steps. You must plan for all this... you must first ask the Judge to have the witnesses file an affidavit or present evidence so you can prepare for their cross and ask questions intelligently knowing what questions yoi are going to ask your wife later. Hope I am not confusing you here... 

 

 

1 Like

Soman (Dy Manager)     07 March 2015

I opposed her application on the ground that she had clearly stated during her cross that she is not bringing the relative and there is no specific reason for that.

Court held her application and my objection for one month. In April he will consider after studying the case. Anyway, my objection is not outright rejected. J

Thanks for the guidance; now I will wait.

Soman (Dy Manager)     25 April 2015

The Judge allowed new witness. Cross of the first witness completed. He had no documents but a story which was thrashed by my advocate. The second witness has not come for two dates. It seems they are stalling the procedure for a purpose.

I have a doubt to clarify. We are living apart near to 4 years and the case is going on for 2.5 years. Could she file 498a or DV cases now? (There was no dowry issue and nothing was mentioned in her divorce petition.)

Adv. Chandrasekhar (Advocate)     25 April 2015

Yes, she is entitled to file Section 498-A or DV case, depending upon her mood, but how far she would succed in those cases is anybody's guess.  Do not believe that some people say that there is time limit to file Section 498-A or DV case that till subsistence of matrimonial relationship, she can invoke those above two provisions within reasonable time and if it is inordinately delayed with reasonable explanation.

1 Like

Soman (Dy Manager)     28 May 2015

My wife brought two witnesses after the evidence is over, their evidence and cross completed. She yielded nothing from the new witness. Realising this my wife pleaded to bring two more and court allowed that too.

I feel that the courts are too flexible for ladies & too rigid for men. :(


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