Naresh (In search of job) 27 January 2011

Is it possible to open the closed evidence?

Dear Learned members,

Only after paying all the maintenance arrears of the past 1 year, they have cross-examined me in the last date (I'm the petitioner in the divorce case). Only 2 months arrears are to paid, so the opposite party prayed to close my side evidence cross-examination. The judge immediately obliged to their prayer and closed my side evidences today. They have a retired judge in the same court, representing them as advocate for the opposite party, so I feel he is easily able to manipulate the proceedings. What is the remedy, what to do?

Now, is it possible to open my side evidences, by a petition to the judge in the next date. Please advice, what should be the petition?

-Naresh

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1 Replies

N.K.Assumi (Advocate) 27 January 2011

I am of the view that, only two months arrears to be paid towards maintenance, so why dont you just pay the arrears of two months and complete the case in one go, in spite of prolonging the case, as cancellation of order of maintenance does not operate retrospectively but effective only from the date of order, unless you have a strong reasons of leading your evidence such as unchastity of your wife at the time of order of maintenance, it will not be worth to lead evidence at this stage.