Maintenance Case CrPC 125
Adv. Deepak
(Querist) 14 September 2009
This query is : Resolved
Respondent remained absent when the matter was kept for his evidence. Thereafter, he did not attend the court because of his personal reasons as he was jobless. Now the court has closed the evidence of the repondent stating that he has not availed the opportunity. The matter is posted for arguments. Can Respondent advance his argument? Will court admit it. If written argument is submitted and any document for his income proof is attached to it, will court consider it while passing the final order? Will court ask to show cause why he has remained absent so far? Request the Respected Experts may kindly advise me suitably. Regards. Adv. Deepak.riven
Raj Kumar Makkad
(Expert) 14 September 2009
The respondent has not been proceeded ex-parte rather his evidence has been closed by court order but this doeen't mean that he is debarred to argue the case. Every case is to be proved by petitioner and respondent can mark questions on his arguments. Written Argument on the basis of pleadings and evidence available on the file of the court can also be adduced but there is no opportunity to submit copy of salary certificate along-with it as it is not to be taken into consideration. Better, you move before an application for providing an opportunity, which shall definitely be rejected and thereafter go to High Court and seek one last opportunity to adduce your evidence. generally High courts provide one opportunity in compelling circumstances subject to cost etc.riven
Adinath@Avinash Patil
(Expert) 14 September 2009
You can file application in same case for setting aside no evidence order of respondent & aduccing oral & documentary evidence.In said application you should submit all grouds for wich reason respondent remain absent.I think as a natural justce court will allowed your application then you will lead evidence of documentary & oral.If you application will not allowed by Court you can file written arguments along with documents.It neccesary to fileapplication in same case for setting aside no evidence order of respondent & aduccing oral & documentary evidence otherwise in revision you will find difficult.But be confident cour will give chance for adducing evidence.riven
