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akshay   07 August 2016

No evidence order

 Ld. Lawyers,

 

My wife filed a RCR u.sec 9 HMA against me.

 

In my WS, I made counter allegations and she filed a criminal case against me stating that the counter allegations are false statements.

 

I am seeking evidences in support of my allegations being false statements.

 

However, neighter her nor her lawyer is able to provide the Court with any credible evidence to support her criminal case against me. It has been happening since last one year.

 

Can I seek a "No Evidence Order" from the Court since she has failed to produce any credible evidence in the Court?

 

What section CPC or CRPC is the "No Evidence Order" be made?

 

akshay

 

 



Learning

 3 Replies

prabhakar advocate (advocate)     08 August 2016

If she is alleging that you are putting baseless allegations, then it is your responsibility to bring evidence and prove the allegations.  There is no such 'no evidence order' in Indian law available.  In the criminal case filed by her, if she fails to discharge her initial responsibility, then her criminal case be dismissed.

P. Venu (Advocate)     08 August 2016

At the present stage it would be sufficient for you state that she has filed criminal proceedings against you and that the allegations are false.

A walk alone (-)     08 August 2016

If she has file case, then she has to prove her allegation. Without evidence case will be dismissed. Once criminal case dismissed you can file divorce on cruelty ground

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