Damayanti (Unemployed) 14 February 2011

Equitable defense and its timing Family Court

Is it true that the EVIDENCE used to expose the act of the other party who was slapped with a milder decree/order (or rather got away with very negligible repremand and hence almost peanuts to decree holder) by cheating and hiding the complete picture (which was within his knowledge) is called REBUTTAL EVIDENCE?

What is the nomenclature used for the Evidence which is produced afterwards i.e. after the order passed, so as to expose the 'fraud' by other party during the earlier proceedings?

And what rules of time limitation or due diligence are required?

Please give me a answer and insight. Thanks.

My question is that :- 'Fraud always gets exposed after it is committed' then why the victim is cross questioned on the timing of producing the evidecen pertaining to that'?

Please give your expert suggestions and answer

Thanking you all

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2 Replies

Amit Gupta (Advocate) 14 February 2011

the evidance which is found after the passing of order is not called anything in the eye of law.....however any event which occrued after words called subsequent event....

if u found tht the court have been cheated or some false evidence has been given that u may find the correct position after filing the review petition of that order....

ur question is quite unclear, bt for any further help u can call me on 09929112039

regards

amit

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Damayanti (Unemployed) 14 February 2011

Thanks Adv Amit Gupta Sir,

You atleast showed sympathy to answer to my query.

Many are reading the query but not answering it.

Probably I drafted it in a confusing manner.

It so happened that...in divorce proceedings started by husband against me on cruelty.

I asked for interim maint (I needed it and also reco by my ex-lawyer) ..I told in writing that husband earns a lot in salary as well as other income...rent etc etc many many things.

Husband replied in negative that he earns less and cooked up stories as well chaneg of employment etc.

Court did ask me and my ex-lawyer 'Do we have proofs of husband's earnign?' ...obviously we didn't have complete proofs.

Husband side pleaded innocent.

Now I have got evidence against him and he has said 'he earns less and can't pay much' on court records.

I already have filed review application. but husband's lawyer raised objection of due diligence.

When I wanted to produce the new evidence of his income, husband's lawyer said that 'wife had chance to prove and submit all these proofs earlier' but she didn't and hence wifes' plea (i.e. my plea) has no locus standi.

Now who's primary responsibility is it to come clean to court about one's own details which are solely within one own knowledge?

mine or husband's?

I may be blamed at the max for delay to file the evidence (I honestly got it very late...and also as a surprise when I had lost hopes)

But husband definitely lied in court about his TOTAL income (all sources of income) which is on records of the case i.e. court order text.

In such a scenario would I get the justice?

Hence my plea is that there should not be any 'time bar' or 'locus standi' limitation or criteria of 'due diligence' to expose 'fraud' committed by petitioner!!!

It is petitioner's duty to come clean RIGHT FROM THE BEGINNING AND IN EVERY SUBMISSION IN COURT!!!!