Can a g p a give evidence on behalf of principle?
Querist :
Anonymous
(Querist) 25 September 2024
This query is : Resolved
Principle filed a partition suit , Can Her husband and her GPA holder is allowed( legally ) to give evidence (on behalf of his wife) in Court? Is there any rule(Order) or court judgements to this effect?
kavksatyanarayana
(Expert) 25 September 2024
She may engage a lawyer and give her vakalat to him so he can attend court on her side.
T. Kalaiselvan, Advocate
(Expert) 25 September 2024
The husband of the plaintiff wife can let in evidence on behalf of his wife.
Section 120 of the Evidence Act
This section of the Indian Evidence Act states that a spouse is a competent witness in civil proceedings, even without a power of attorney or written authority.
A spouse can testify to facts they know, as well as facts they know about their spouse
Querist :
Anonymous
(Querist) 26 September 2024
Thankyou Ad T. Kalaiselvan sir, you reply is very very helpful me as all these i am requesting my advocate to explore the possibility of me attending the court in place of my wife ( in fact i am the person who collected ALL THE PAPERS FOR THIS CASE) as my wife being a house wife not able to reply about deep details of property in a partition suit🙏.
T. Kalaiselvan, Advocate
(Expert) 26 September 2024
if your lawyer is not cooperating then yo may consider of changing your lawyer instead of lamenting over it without taking any proper steps in this regard to proceed further.
Querist :
Anonymous
(Querist) 27 September 2024
Thankyou. Sir, But some other lawyer says this act may spoil ( may get -ve Judgement) the case! Is this correct opinion pl.
T. Kalaiselvan, Advocate
(Expert) 27 September 2024
I have given the provision of law by which it can be seen that you are very much eligible for conducting the case on behalf of your spouse, if you do not want to understand what is advised to you and keep listening to misguidance, then it is your fate, you can decide on the basis of the misguidance given to you or follow the provisions of law, you were even adivsed to change the lawyer, instead you are approaching a lawyer who is not able to advise you properly as per law, now you have to decide instead of repeatedly asking the same question her.
Querist :
Anonymous
(Querist) 28 September 2024
🙏Thankingyou very much.
Sudhir Kumar, Advocate
(Expert) 03 October 2024
evidence can be given by a person having original knowledge of facts.
P. Venu
(Expert) 22 October 2024
The principle of Section 120 of the Evidence Act has been clarified by the Kerala High Court in a recent judgment in OP(C) 154/24 which could be accessed at https://hckinfo.kerala.gov.in/digicourt/Casedetailssearch/fileviewcitation?token=MjA5OTAwMDAxNTQyMDI0XzUucGRm&lookups=b3JkZXJzLzIwMjQ=&citationno=MjAyNDpLRVI6NDM0NjM=&isqr=0
