Is supplementary affidavit only for *new* evidence/facts
My brother had a short marriage of 35 days. He is now yet another victim of abuse of 498a, 406, 125...and we don't know what else they are going to throw at him.
He is paying Rs 10,000 as maintenance and the woman is now asking for Rs 1 lakh per month. The case is now at a stage where they have cross-examined my brother and asking him to file affidavit. He has some points that he did not mention in his written reply, but wants to bring them to court's notice now.
These are not new facts. His written reply was lousy and limited to just denying the points in the Petition. He wants to now cite the way his wife abandoned him and how she threatened him while she was married to him and that he now has an extraction/extortion case filed against her.
In his CrPC 125 case, can this be done through supplementary affidavit even though he has just been cross-examined? Or through another means? Judge is in a hurry to wrap up the case and pass order. We want him to look at this background before he arrives at a conclusion.
Thank you,
Suresh
Asked 8 years ago in Family Law
Religion: Hindu