Please tender your evidence and get the cross examination done. In order to prove your side of story you have to do this. Or else you may loose the case.

It is not necessary for you to lead any evidence

You can go in for final arguments after wife has closed her case

Then follow the advise of your lawyer

Your lawyer is absolutely correct

Burden of proof is upon wife to prove allegations made in her complaint

If she is unable to prove her case then DV case would be dismissed

You don’t have to lead any evidence in DV case

See if the wife in evidence and chief is not ables.to establish that there was domestic violence then you can directly go for final arguments it won't effect your case the burden of proof is on wife.

Yes your lawyer is correct the burden of proof lies on her if is not able to establish her case then the case is going to be dismissed.

Further in my opinion if there is some substantial evidence you got against your wife and that can be helpful and you can handle cross then you should record your evidence. Further see your advocate is aware of all facts and records available then you should follow his instruction he is the most competent person to advise as he is aware of complete situation.

Further in other case you can lead.your evidence where necessary and can prepare yourself for cross examination.

If you do not lead your evidence, court may draw adverse inference which may effect you. Once relation established, you are liable unless there is voluntary desertion.

if you are having strong documentary evidences against your wife, then you must file your affidavit of evidence (chief)

Dear Sir,

If you do not enter into witness box then your defence will be adversely effected. It is better to enter into witness box and give your chief examination and then face cross examination then only there will be chances of winning your case that is dismissal of DVC Case.

Hi

1) Though in a DVC case, the burden of proof is on the wife to prove her allegations, the burden of rebuttal of proof will pass to the Respondent once the examination in chief of the wife is complete.

2) Since India judiciary follows an adversarial process, it is in your interest to present your case by filing the examination in chief and permitting yourself to be cross examined by the other side of the evidences you submit in your chief.

3) Also in general courts draw an adverse inference against a person who does not step in to the witness box in both criminal and civil proceedings.

4) Also it is in your interest and more so when the wife has not proved her allegations in her cross examination, to step in to the witness box and present your case and evidence which will then ensure that the judge decides the matter on its merits and in your favour.

5) Please note if you do not submit your chief and also if you refrain from stepping in to the witness box, then the chances are that your version of the case nor your evidence will never be admitted in the present trial or at the time of appeal.

6) DVC is different from the ongoing 498A, divorce and child custody and hence you need to ensure that your version and your evidences are admitted and heard in each of the cases that you are presently contesting .

7) There are plenty of judgments ranging from Supreme court to High court where the judges have drawn adverse inference against the party who refrained from submitting his examination and did not enter the witness box.

8) More so since DVC is a matrimonial matter, it is a contest between the Husband and Wife and the judges will look in to the facts presented by Husband / Wife only.

Hope this information is useful

We have completed cross examination to petitioner in DVC on multiple witness and after 3 years she finally said no witness now after her cross, I would like to go for final arguments with out my chief, where will it Impact if we go for final arguments with out filing chief in DVC

If you express that you dont have any evidence from your side, then the court will automatically post the matter for arguments.

It is your decision to forego the opportunity given to you to defend your interests in the form defence witness.

If you are confident that you can win the case without letting in defence evidence, then you can very well proceed, but remember that this decision will weaken your case and you may not succeed if you do not defend your case on the basis of evidences from your side even though you think that her case is weak or false.

She filed 498a case which is in examination

I have filed child custody where the other party need to cross examin

I have efiled divorce where other party need to cross examine.

It is not necessary that you have to follow the advises of your advocate blindly.

If you lose your case then the act of giving up the evidence from your side will keep tormenting you

Hence you better follow the procedures what are meant to be followed even if her case is weak and allegations are false.

Until the court passes a judgment you will not come to know whether her allegations are false or true.

In my opinion you should not take any risk.