section 125
Querist :
Anonymous
(Querist) 18 February 2010
This query is : Resolved
hello,
I need to know any authority on the following facts.........
That that husband has been directed to pay maintanance to her wife and revision hasbeen filed against the said order.
The point i would like to know is that one witness was examined in defence of husband's case and his examination in chief was recorded but the cross was deferred as court timewas over.On next date the presiding officer was on leave and on next date an application was moved for adjournment as the said witness was not present but the said application was rejected and the court passed the order and as such the testimony of this witness was left out of consideration.
The point i would i like to know whether the matter can be remanded in these set of circumstances and is there any authority in this regard.
Raj Kumar Makkad
(Expert) 18 February 2010
Remanded? on whose side?
Now situation is that there is no witness on behalf of the husband. As the order has been made by the same court so no question arises to remand it to some other court.
