Additional evidence at appellate stage
Prakash
(Querist) 20 May 2013
This query is : Resolved
Ld counsels,
Wife brought divorce suit against husband and also filed an application to get the mobile phone call records of both husband and wife. trial court decreed the suit in favor of wife granting divorce. trial cout appreciated the evidence produced in the call records.
During appeal husband came to know about the wife's affair with another person which is also reflected in the same call records produced before the court having frequent call being made to a specific number and SMS messages.
in order to establish the identity of the paramour of the wfie husnad has no option but to move an application for additioal evidence bfore the appeellate court to produce the call records of the paramour.
The wife had preplanned the divorce. The onyl flipside is that the husband did not cross examine about the frequent calls and SMS message before trial court.
Is this a fit case to allow addicitonal evidence at appellate stage.
R.K Nanda
(Expert) 20 May 2013
yes, court can allow AE in appeal also.
Raj Kumar Makkad
(Expert) 21 May 2013
Lapse on the part of any party to cross-examine the witness during the trial of the case, do not provide cause of action to file for additional evidence. One should be very vigil while leading the evidence.
If wife has decided not to accompany you, it is highly a futile excercise on your part to file appeal and seek reversal of impugned judgment. Better to get rid of such wife.
ashutosh mishra
(Expert) 21 May 2013
No it is not a fit case to allow additional evidence at the appellate stage.
