Affidavit at evidence stage
Querist :
Anonymous
(Querist) 20 September 2011
This query is : Resolved
In my DV case, wife's side chief/cross including all witnesses are over. On the next date i am supposed to give my evidence. Unfortunately i need to travel and will be out of station for a month on business contingency. Can I provide my evidence through an affidafit or is it necessary for me to physically present and submit my evidences? Please advice
prabhakar singh
(Expert) 20 September 2011
Even if you provide your evidence by affidavit and do not personally attend the court on date, an adjournment would be the requirement as how the other party will cross examine you???????
Advocate. Arunagiri
(Expert) 20 September 2011
You can file the affidavit through your counsel, and you have to be present for cross examination.
Advocate Bhartesh goyal
(Expert) 20 September 2011
For filing affidavit as evidence you have to present personally in court as affidavit will be in lieu of chief examination.Better seek adjournment.
Guest
(Expert) 20 September 2011
The question is about your cross-examination by the opposite party, as your affidavit can be treated only as an examination-in-chief, which cannot be treated as final until crossed by your opponent. I therefore endorse the views of Shri Prabhakar Singh.
Shonee Kapoor
(Expert) 20 September 2011
Brother,
This depends upon the practise of the court.
In some HC, it is allowed to present affidavit through counsel as chief examination and a later date can be sought for cross-examination.
However, certain courts insist that the person tendering affidavit be present on that date as well as on the date of cross-examination.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 20 September 2011
Principally I do agree with Kapoor but want to add that proceeding under DV Act is a summary procedure and in various courts evidence is taken only by way of affidavit and no cross-examination is required therein like proceeding in Consumer forums so if such is the practice there, the presence of the querist is not required.
M/s. Y-not legal services
(Expert) 20 September 2011
Yes. Am also agree with experts.. You can submit your affidavit as your chief examination, subsequently you can get adjournment. Next hearing you have to appear for cross examination..
Shastri J.K.
(Expert) 20 September 2011
Am also agree with experts.
jitender pawaria
(Expert) 20 September 2011
Sorry makkad ji i am practising in sonepat district court my doubt is if any party wants to cross-examine who tender his affidavit in his evidance in consumer forum then no right to crossexamine the deponent.
girish shringi
(Expert) 23 September 2011
Experts are giving their opinions according to the precedent set up in their respective area.
Hence it may work accordingly.
