Fervent request for guidance

you can file a fresh evidence any time 

1. even at the time of judgement if you have latest judgement then you can file through petition to the court 

2. there is no time limit to file evidence which is a vital document in the case to decide 

Agree with Mr. Mahesh... One thing to note:

When you are in Family Court or for that matter in any Court, opposing party is going to file all kinds of bizzare applications. You should not panic. it appears that you have. Remain calm and always present yourself to your wife as a person who is calm and not disturbed by her filings. Then do what is appropriate to do in accordance with the rules. For example, for filing new evidence, check the CPC or Family Court Act or whatever, do some Internet research, then file an application or response to their filing and submit new evidence. Even if it is based upon old facts and not submitted earlier, find some reason and submit it now. Submitting is better than not submitting. At worst it is rejected but you have preserved it for appeal. Also, submitting paper evidence is not enough. Get it across her during her cross-examination and bring it on the record. This is something that most of us forget and the Family Court advocates are busy with 100s of cases to pay attention to such details.

Good Luck!

Thanks experts, kindly help me with a few citations that FRESH EVIDENCES can be submitted in Family Court after High Court set aside ex parte divorce decree suitable to my case as given above. These citations are required to produce before the court against their petition.

Kind regards.

Kindly help me with a citation please. It is urgently  needed to place before the court.

Kind Regards.

I typed a long response and posted it only to get logged off! So, this may be a repeat if the earlier posting shows up on the site!

You have filed new evidence. I presume that you did so in the form of an affidavit. If not, do so. Also, file an application to recall your wife as a witness because youi have new evidence. Show the evidence to her during her cross-exam, get it marked as Exhibit.  They will also recall you as a witness because you have filed new evidence. Thats it. 

Now, of course, you have to explain why you could not file the new evidence earlier. Hope you have a good reason.

Check this link: https://www.legalblog.in/2011/03/re-opening-evidence-inherent-powers-of.html and this is one of many links. Do a google search for "CPC" "New evidence" "recall witness" "Supreme Court" all together (or different combinations) of course and you should get many hits. Hope this gets you started. You need not worry about Family Court specific citation as Family Court is governed by CPC.

Thanks. As I said my Ex Parte Divorce Decree was set aside by The High Court and sent back to the Family Court and the Case has started afresh. Therefore can i submit fresh evidence as the the previous evidence i submitted also got set aside along with the judgement.  . Please reply.

Regards 

I think that your case is now as good as a new case so all the rules will apply as if a new case has started... New evidence, new cross-examination, new arguments, etc. Past case is meaningless but if you have made any admissions in them, they could potentially be used against you.

Thanks indeed very much. Grateful for your help.

What I need now a citation for producing before the Judge that fresh Evidence can be submitted to counter to the opp party.

Regards. 

I am not an advocate but I believe that you do not need any citation at this stage. The case is new... as part of the procedure in any case, you will file evidence, she will file evidence and the case proceeds. What do you mean "counter to the opp party?" I presume that you are referring to the Affidavit filed by her. If so, you are also required to file you own affidavit on which you will be cross-examined. No need for citation, etc.