you can rely upon wife sworn affidavits and her deposition to disprove wife allegations made in your G0P
2) there are no restrictions that depositions in other cases cannot be filed as documentary proof
In my divorce case against my wife, none of my wife's filings mentioned cruelty against me. In her cross-examination she agreed that I took good care of her. Based on merits, court awarded legal separation to me 10 months ago. Against my GOP asking my son, my wife filed a lot of cruelty allegations. Can I file the sworn affidavits and her deposition as documentary proof in my GOP? Are there any constraints that 'depositions of the living in other cases cannot be filed as documentary proof'?
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you can rely upon wife sworn affidavits and her deposition to disprove wife allegations made in your G0P
2) there are no restrictions that depositions in other cases cannot be filed as documentary proof
1. You can produce in your evidence in GOP a certified copy of her cross examination in divorce case. Nothing stops you from doing this.
2. Sworn affidavit is not required. Mere certified copy shall suffice.
1. The evidence of one case can be taken aid of in another case. There is no legal impediment on this.
2. However to do this you are required to take certified copy of the said evidence and then submit it in another case.
Her statement where she has accepted that you were caring and loving is a documentry court proof where she has accepted herself.. Yes , you can file it as a proof in your evidence
Since there is mentioning about cruelty in divorce filed by you against your wife and in view of her direct admission you are always having advantage in support of case. A fresh allegation after awarding legal separation won't take any stand. Deposition of a case of living person cannot be marked in other case in view of the settled legal position. However you can confontaine with the witness and elicit the same. Yes there are judgments of Hon'ble High Court with regard to non admissibility of deposition of living person in other case.
It can be used as an evidence, since the same was given on affidavit. That will indeed be a good evidence for you.
Regards