sai narayana 04 July 2017

Can we refer x-exam of 125 crpc case in m.o.p proceedings

In M.C. case 125 CrPC, cross-exam was done to petitioner wife and the she admitted some facts which are in contrary to her pleas.

In the same family court, there was M.O.P. proceedings are also goin on in which I become exparte because of some reasons and the divorce decreed against me in her favour on the same grounds which were negated by herself during the Cross in M.C. case.

My query is, when the deponent admissions are available on the file of same court, is it not improper to ignore the same while adjudicating another case on same grounds only difference is the relief claimed.

I came across one supporting judgment to my case a long time before but I didn't saved it as I couldn't anticipate that the same case scenario is going to happen in my case. Now i am feeling the pain.

So, If anyone have relevant supportive case laws to my case, please do share here.

Thanks in advance.

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2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 04 July 2017

If you feel injustice to you, you can approach higher courts or apply for review the case in the same courts.

Raveena Kataria (Advocate ) 11 July 2017

Hi, in my opinion, what you can also do is obtain the certified copy of the judgement (whether pending or not), of the maintenance case, i.e. in which she negated her own statements. You can thus challenge any such decree granted on grounds which were negated by her in some other case, by approaching to a higher court, as rightly mentioned above.

You can use the certified copy as proof whilst giving your contentions in the court to point out the inconsistencies that the lower court missed out on while ruling the decree in your wife's favour.