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samrt lawyer (lawyer)     05 September 2011

Deposition of opponant

Dear Friend,

 Wife filed  case under 125 of cr p c in Family court for  mainteneace case. The Evidence  is already Completed by wife. Now the Stage of Husband 's Evidence.  Husband don't want to give deposition for his defence   But husband  wants to examine other witness for his defence.

Please guide me i can proceed acoording to husband. It is posible  that without giving deposition opponant can call witness for his defence .

 



Learning

 1 Replies

Adv. Chandrasekhar (Advocate)     05 September 2011

In Section 125 case, you can ask the court to direct the husband to file the list of witnesses.  If the husband does not want to become witness, the wife's counsel cannot help it.  But, if husband wants to come as witness, then you can request the court that he may be first cross examined otherwise he will have the benefit of hearing the deposition of his other witnesses, which is not permissible under law.  The husband may choose to come first as witness or other wise to remain outside the court while cross examination of his witnesses are occuring. 


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