You have to file writ in HC against impugned order
apply for certified copy of order and file civil writ petition within period of 90 days of receipt of certified copy
Appealing a Judgement against admitting evidence after family court -
In a divorce matter, at the cross examination stage, i hired a new more powerful lawyer and she suggested i needed more evidence to strengthen the case.. i then found new evidence, years old recorded phone and audio clips i thought i had long erased.. She filed for admitting the evidence and the judge denied allowing it. I now want to appeal this judgement.. my question is - How long do i have to file the appeal, - if i fail to file the appeal in time, can i still introduce this evidence later after when the respondent wife is cross examined.?
Asked 7 years ago in Family Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
9 Answers
You may take plea in application under section 151, for submission of evidenceunder order 11 rule 14, after the order of the court you can submit all the evidence but borne in mind that you have to show that these evidence are necessary for disposal of case
1) You can go for Writ Petition of Certiorari in the High Court.
You need to challange the order before high court. Since interim order same need to be challanged in 30 days. See at later stage you can file an application to give these further evidences but it would be better if you challenge the order and get order from high court.
1. No appeal lies from the order of this nature . Only Civil revision under Article 227 of the Constituion can be filed in High Court for which there is no time limit.
2. You can also formally prove these documents dending upon its nature at the time of your affidaivt in chief.
3. During confornation a dpcument may not be exhibitted by a witness if he has norealtion witht he document.
In other words if the nature of documents can be known then it can be advised further as regards its future formal proof in trial.
90 days.
NO.
It depends on your lawyer when he files the appeal. The limitation is 90 days for appeal to HC. You can introduce the said evidence after the directions of the appeallate court.
If the new evidence was audio recordings of a phone call, then it should have been produced before court by observing the requisite formalities as prescribed in section 65B of Indian evidence act.
What was the reason that the court has dismissed your petition?
You can take up a revision before high court against the decision to dismiss the petition by the trial court provided the reason cited by court was unjustified and miscarriage of justice.
If you cannot establish the evidence during this time then it may not be entertained at the time of the respondent's evidence as well.
1. File the appeal against said order at the earliest, within 90 days
2. No, the evidences can not be filed at a later stage
