• Can I file sworn affidavit of a case as document proof in another

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'?
Asked 6 years ago in Family Law
Religion: Hindu

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8 Answers

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

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

- There's no bar, go ahead and file certified copies of these depositions in your GOP case.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

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

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

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.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

It can be used as an evidence, since the same was given on affidavit. That will indeed be a good evidence for you.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

For defending your interests in the present case, you can very well rope in the evidences of similar nature deposed in other court

There is no legal infirmity in producing the evidence of some other court to this court.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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