Dear All,
I have a question regarding Section 165 of Evidence Act. The case facts are that there are two cases filed between parties Wife and Husband. Wife has filed a case of interim maintenance against Husband and Husband has filed a case of divorce against Wife. Now in maintenance case Wife has claimed that they have no independent income whereas in reply to Husband's divorce petition they have admitted the factum of having independent income. Husband has put Wife's reply in divorce case along with affidavit as proof of unclean hands in maintenance case. However now Ld judge says that until and unless Husband cross examines Wife with her divorce case reply then the said reply can't be admitted as evidence and as such is of no use to the Husband. My question is regarding application of Section 165 of Evidence Act whereby judge is duty bound to verify the truthfulness of such submission and pass his finding rather than say that matter can only be decided at cross examination and let the wife take the benefit of her unclean hands. Will appreciate guidance of seniors on this.
