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D. Keshav (Coach)     15 November 2012

Can i be a witness

Hi dear Legal Experts:

Some anti social elements have filed a false claim in the local court over our family property, i.e. coffee estate. The defendants are seven in number hence my wife being the eldest was designated as "Evidence in chief" to face the evidence. She did attend to give her evidence, and I too was present in the court as audience. The plaintiff side lawyer noted this and got my presence recorded in the evidence. I have been planning to stand as a witness in support of my wife. The plaintiff's lawyer has been making all out efforts to prevent me from giving witness in support of my wife. Please advise me is there any restriction for a husband to give witness in support of the wife's evidence. Can the plaintiff's lawyer succeed in preventing me from giving witness in support of my wife's evidence. What should be my argument in such a situation? ....D. Keshav



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 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 November 2012

Dear Mr.Keshav, 

Were you listed as a witness in the defence's list of witnesses. Normally a witness ought not to be present when the other witnesses are present in the court. That having said there is no bar to a husband leading evidence in a matter in which his wife is a witness as well. The objection in my view would have been due to your being present during her chief and cross and opportunity to frame your evidence to fill up the lacunae left in your wife's evidence. 

 

 

Bharat Chugh - Advocate Supreme Court of India

Law for Layman (Laws of India Initiative)

*www.advocatebharatchugh.wordpress.com

*www.bharatchugh.wordpress.com

*https://www.thelawsofindia.blogspot.in

 

Stay Connected on *www.facebook.com/advocatebharatchughonthelawsofindia

 

 

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 November 2012

Dear Mr.Keshav, 

Were you listed as a witness in the defence's list of witnesses. Normally a witness ought not to be present when the other witnesses are present in the court. That having said there is no bar to a husband leading evidence in a matter in which his wife is a witness as well. The objection in my view would have been due to your being present during her chief and cross and opportunity to frame your evidence to fill up the lacunae left in your wife's evidence. 

 

Bharat Chugh - Advocate Supreme Court of India

Law for Layman (Laws of India Initiative)

*www.advocatebharatchugh.wordpress.com

*www.bharatchugh.wordpress.com

*https://www.thelawsofindia.blogspot.in

 

Stay Connected on *www.facebook.com/advocatebharatchughonthelawsofindia

D. Keshav (Coach)     16 November 2012

Thanks for your reply. Is there any such rule that a person who is likely to appear as a witness at a later date should not be present inside the court hall while some one else from defendants is giving evidence. Could I conclude that I may not be allowed to give witness at all in this case. Thanks again in advance.


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