Submission of Oath Evidence in Divorce proceedings ?

there is no prescribed limitation period to produce evidence . when evidence is not produced , it is for the court to not to grant unnesessary adjournments and to proceed in accordance with law.

There is no rime limit prescribed for tendering evidence. However if inordinate delay is happening it is open to the respondent to bring it to the notice of the Judge, and request him to close the evidence for the petitioner, and proceed to the next stage that is evidence of the respondent. Usually the Judge allows a  a few adjournments on the request of petitioner  but it depends on how diligently the respondent pursues the matter.

T.S. Thaker tsthaker@rediffmail.com.

mr. tushar is right

It is clear from your querry that s.24 HMA is also pending alongwith s.13 HMA.

In this situation , no court can bound the petitioner to put her evidence on oath before the disposal of s.24 HMA. It is a well settled law .

press order 17 rule 3 of CPC which provides that court may proceed notwithstanding either party fails to produce evidence etc.---

The case was filed in 2006 but till 2009 no order is forthcoming from the Court. I feel that in such matrimonial matter especially when the wife is petitioning for maintenance under section 24 HMA, the court should attend to such relief being claim by the wife, as she may be in a vulnerable condition. Section 24 speak about pendente lite, and the court should dispose of such matter at the earliest, ofcourse not with a blind eye to the facts of the case but with judicial experience and wisdom. As pointed out by our learned friends above, there is no such limitation for evidence to be tender in the court.

Mr. Dixit suggested absolutely right.