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Raj (IT)     28 July 2014

Please advice - divorce

Hi,


I applied for divorce against my wife citing cruelty, extra marital affair. I am currently staying outside India. So I gave GPA to my parent.
 

Initially the judge accepted GPA and proceeded with the case. Later the judge changed and new a judge came. The new judge asked GPA holder that only I can produce evidence and she did not accept evidence. Since I am working outside India it is difficult to come to India to proceed with this case. So, my lawyer advised below options for me

a. Come to India and he will ask the jugde to complete evidence and cross examinations with in 2 months since I am working outside India. this he cannot assure that evidence and cross examination will be completed within 2 months and the other party might delay it. They may ask me to come again which will spoil my career as well as money


b. Appeal in high court. High court will grant this option since there are many judgements on this. He will ask for video / audio  facility for evidence and cross examination. This might delay the case little bit. Not sure how long it will take for writ application to be heard in high court

Please advice what is the best option for me.



Learning

 4 Replies

Raj (IT)     29 July 2014

 

 

Other lawyers, please advice.....

Adv. Chandrasekhar (Advocate)     29 July 2014

The current judge is correct.  The contesting party is the competent witness, who can give direct evidence.  GPA's evidence is heresay evidence has no evidentary value.  No need to go to High Court.  Can move application in the trial court itself seeking the permission to lead evidence through Video Conferencing.  If such application is rejected, then the necessity to go to HC arises. 

T. Kalaiselvan, Advocate (Advocate)     31 July 2014

I agree with the views of Adv.Chandrasekar on the subject query, nothing more to add.

Adv k . mahesh (advocate)     01 August 2014

no more to add


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