• Seeking time for evidence

I have filed for divorce from my wife u/s HMA13, in aug. 2017 on adultery and cruelty grounds.My wife have not submitted her reply till date(Even after 1 year) so judge saab has closed her reply on 19th sep. 2018 and put the case in evidence stage.On 24th oct. 2018 there will be 1st date in evidence stage,but till now i am not able to complete transcript work of my audio evidences, it may take 1 or 2 more week.Is it mandatory to produce evidences and evidence affidavit on this very first date(24th oct.) of evidence stage. can i seek for more time, as it is first date of evidence stage.
Asked 4 years ago in Family Law
Religion: Hindu

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9 Answers

Hello,

Yes on the said date by means of an application you can take time to file your evidence.

The court usually will give you one more date to file the your reply.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can seek more time to submit the evidence you can pray before court for 2 -4, week time court will grant same and then evidence can be submitted.yes you can seek more time.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Since the next date is fixed for evidence you may seek an adjournment from the court and lay down the complete transcript before the court on the next date. All the evidence has to be laid before the court along with evidentiary affidavit, but an adjournment may give your wife the time to move the High Court to restore her right to reply.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

You can seek 4 weeks time to file affidavit of evidence

Court would grant you adjournment

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

1. if you tender the affidavit in chief then the documentary vividness needs to be submitted for formal proof.

2. if your rudimentary evidences are not ready then you cans eek time or just file the affidavit in child alone and seek postponement for tendering on the next date.

3. So consult with your advocate and do the needful on this line.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. you can file your affidavit of evidence with whatever evidence you have handy

2. seek liberty of court for leave to file additional affidavit of evidence for other evidence which you are in process of collecting

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Dear Sir,

Yes, you can seek for more time for produce the evidence. Ask your lawyer to take adjournment for producing the evidence.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Dear client,

No need to panic, court will grant adjournement ,

Usual process, ur advocate wil take next date, no issues.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If you are not able to procure the evidence, you may seek time or adjournment citing the same as reason for seeking adjournment.

The court will consider the same.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

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