Can I submit fresh evidence while proceeding of case
I have certain set of critical evidences which I did not submit to court during initial stage. Now my case is entering the chief where arguments will be held. Can I submit fresh evidence at this point?
Also, my wife has been threatening me of committing suicide. Is this a good reason to defend restitution of conjugal rights?
Asked 2 years ago in Family Law from Pune, Maharashtra
1) why did you not submit those documents ?
2) if documents were in your possession you should have produced those documents
3) you can apply to court for leading additional evidence
4) you can defend RCR case by taking plea that on account of wife constant threat to commit suicide you cannot stay with her in same house
if you have not submitted those evidence at the time of framing of issue or at the first instance of the case hence you cannot adduce such evidence without prior permission of the court.
court can permit to adduce such evidence if you successfully prove that such evidence is necessary for the complete decision of the case and prevent the future litigation on the same issue.
if those grounds have been successfully established then court may permit to produce such evidence.
1. Arguments are not held at the stage of chief. Chief means to lead evidence, so even if you could not file certain documents earlier nothing prevents you from leading those documents in evidence.
2. That wife threatens to commit suicide is a good defence against RCR.
The reason what you are coming out with now should have been pleaded in your counter at the time when you filed the counter, you cannot keep adding each and every incidence coming to your knowledge whenever it occurs. This will be considered as filling up the lacuna an may not be permitted by court. However you can file a petition to recall your witness and seek the permission of court to adduce additional evidence.