• CRPC125 maintenance / additional evidences

Applicant ( Wife ) filed CRPC125 Maintenance petition.
Respondent ( Husband ) received the Notice.
Respondent appoint Advocate.
Respondent submitts Written Statement.
Applicant submits evidences.
Applicant Cross Examination is over.
Respondent submits Evidences.
Next date is Respondent Cross Examination.
My Question : Can Respondent submit Additional Evidences of Applicant on next date of Cross Examination, before cross examination starts ?
How to submit additional evidences.
Asked 12 days ago in Family Law from Vapi, Gujarat
Religion: Hindu

Yes, any evidence can be submitted at this stage, it will consider regular evidence. Evidence submitted in appeal than it will be additional evidence.

Evidence will file along with affidavit to be crossed upon. And If affidavit already submitted than additional affidavit will file with leave of court.

Yogendra Singh Rajawat
Advocate, Jaipur
14612 Answers
19 Consultations

4.6 on 5.0

See since the examination in chief of the respondent is over then in that scenario the respondent has to seek permission of court to file the additional affidavit.

See since cross examination is not completed the court may allow the application and allow applicant to submit additional evidence.

Shubham Jhajharia
Advocate, Ahmedabad
20900 Answers
81 Consultations

5.0 on 5.0

Yes you can submit before cross examination.

Shubham Jhajharia
Advocate, Ahmedabad
20900 Answers
81 Consultations

5.0 on 5.0

yes.

Yogendra Singh Rajawat
Advocate, Jaipur
14612 Answers
19 Consultations

4.6 on 5.0

before his cross examination respondent can file additional affidavit of evidence 

Ajay Sethi
Advocate, Mumbai
69042 Answers
4153 Consultations

5.0 on 5.0

yes you are correct it has to be submitted before cross examination begins 

Ajay Sethi
Advocate, Mumbai
69042 Answers
4153 Consultations

5.0 on 5.0

Dear Sir,

Criminal Procedure Code, 1973, Section 311-- Additional evidence - Law recognizes the possibility that evidence that is `material' and `essential to the just decision' may, at time, get overlooked, be omitted or come to light later - In order to take care of such evidence, which would be additional to the one presented.

 

Del HC | Wife granted opportunity to prove additional documents not available during trial for maintenance under S. 125 CrPC

Netravathi Kalaskar
Advocate, Bengaluru
3811 Answers
18 Consultations

5.0 on 5.0

yes you can submit additional evidence by way of an affidavit after seeking necessary permission from the court by filing an necessary application along with affidavit stating the reasons why you want to file an additional affidavit as additional evidence and have to state the reason why the same was not adduced before while giving your evidence at the first instance.

Mohammed Mujeeb
Advocate, Hyderabad
11745 Answers
4 Consultations

4.5 on 5.0

submit along with affidavit. 

Mohammed Mujeeb
Advocate, Hyderabad
11745 Answers
4 Consultations

4.5 on 5.0

Yes in addition if any correspondence exchanged with wife , messages , police complaints if any you would be cross examined on them too 

Ajay Sethi
Advocate, Mumbai
69042 Answers
4153 Consultations

5.0 on 5.0

He will cross on his submission to refute his defense. 

Yogendra Singh Rajawat
Advocate, Jaipur
14612 Answers
19 Consultations

4.6 on 5.0

Yes the advocate of wife may ask questions from examination in chief and your written statement.

Shubham Jhajharia
Advocate, Ahmedabad
20900 Answers
81 Consultations

5.0 on 5.0

- An additional evidence can be allowed at any stage during the trail , the court cannot deny for the same. 

- Hence, you should firstly move an application for allowing the additional evidence , or court can accept affidavit , even without an application as well.

- Prepare an evidence by way of affidavit , of the said witness , and submit with the court , if court deny for the same , then you will have to move an application . 

- Yes, it is better to submit the same , before respondent cross examination . 

- Yes, her lawyer is bound to ask the question in the cross examination , as per the submitted affidavit.

Mohammed Shahzad
Advocate, Delhi
1071 Answers
19 Consultations

5.0 on 5.0

Respondent can submit his own evidence or the witnesses from his side.

He cannot submit additional evidence of the applicant.

If he wants to cross examine the applicant once again, he can file a petition to reopen the petitioner's side cross examination for the substantial reasons he may rely upon, but it is not necessary that the court may permit or allow the petition.

 

 

T Kalaiselvan
Advocate, Vellore
58873 Answers
746 Consultations

5.0 on 5.0

The respondent has to file an affidavit for chief examination based on which he or she will be cross examined.

 

T Kalaiselvan
Advocate, Vellore
58873 Answers
746 Consultations

5.0 on 5.0

The applicant's advocate may cross examine the respondent based on the averments made b y the respondent in his written statement and other external factors which are relevant to the petitioner's case.

T Kalaiselvan
Advocate, Vellore
58873 Answers
746 Consultations

5.0 on 5.0

Yes she can file additional evidence on affidavit and justify that why such evidence was not filed in the beginning. The opponent will oppose the same. 

Prashant Nayak
Advocate, Mumbai
14521 Answers
24 Consultations

4.6 on 5.0

Yes respondent can submit additional evidence before cross examination on next date of hearing. 

 

Mohit Kapoor
Advocate, Rohtak
4800 Answers
1 Consultation

5.0 on 5.0

Dear Sir,

Yes, the advocate will ask Questions referring to Applicant Petition and Respondent's Written statement and evidences submitted.

Netravathi Kalaskar
Advocate, Bengaluru
3811 Answers
18 Consultations

5.0 on 5.0

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