When ia is filed by a party irrespective of its result, must be mark as evidence of party, which req
Naresh
(Querist) 18 March 2012
This query is : Resolved
Dear Experts,
In my divorce case, wife (respondent) filed IA to send me to medical board, which court allowed and sent me for test, and now the result came in my (husband) favor. Now, when we asked the judge to mark as the respondent document, as it is received due to their request, he is not agreeing for that and asking us to file a fresh application to be marked as petitioner document. I am dis-inclined to do this, since it again takes more time. In this regard, I have the following question.
(1) Is it correct on the part of the judge not to mark in the respondent name for the reason that it has not come in their favor, though they are the one's who requested for it by filing IA?
(2) They filed this IA, thinking that it would come in their favor, but just bcoz it didn't come in their favor, they shouldn't go back and the court should allow them to go back, is my opinion, what is your learned opinion, on this matter?
(3)What is the accepted and widely followed procedure in the matters like this?
(4) When the result of IA comes against the requesting party (i.e petitioner in IA)? Are there any earlier judgments, in such similar matters to be marked as petitioner's documents irrespective of the final result?
Thank you sirs
V R SHROFF
(Expert) 18 March 2012
Under all circumstances the Medical Report is proved only if he is examined. So Apply, and summon him as witness, without lose of time.
Get his Cheif & cross examine to prove case in ur fvr.
In chief, clear out, he examined at the instance of wife.
Shonee Kapoor
(Expert) 18 March 2012
This query has been answered on the forum.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 18 March 2012
Sorry both the experts have ignored the main issue raised by querist.
1. Judge has no power to mark the document in the evidence of the respondent. Every party has to decide which document to produce in its evidence. It is the mercy of the respondent to chose document of its choice and judge cannot enforce it,
2. Had such document would have been against you, your version might have been otherwise. If respondent has not produced that document in its evidence and if you think it to produce it in your evidence then move an application seeking additional evidence so that you may put it on file. It shall be duly discussed if put in the evidence of either of the parties and its consequences shall be discussed accordingly. It is not harmful for you to prove this document in your evidence.
3. As discussed above.
4. Search such citations on www.indiakanon.org
Naresh
(Querist) 20 March 2012
Thank you sir's for your kind advice and knowledge.
