when and How to adduce rebuttal evidence against a frivolous wife ! who is a petitioner in divorce trial and husband has not made any counter claim .......... so as to catch red-haned in her cross exam????
Currently, Wife has given her Exam-in-chief affidavit
And her cross exam is awaited.
Husband wants to disprove her averments/allegations as utter falsity ..................... and thus wants to rebut her ORAL EVIDENCE of those false allegations by producing concrete/original documents and many other statements such as Income tax returns/sale deeds and her bank account statements and also photos videos taken by him ................ during her CROS EXAM.
The husband's question is that ...
DOES the law /CPC REQUIRE/MANDATE the RESPONDENT-husband TO GIVE GIVE A PRIOR NOTICE of HIS REBUTTAL EVIDENCE TO PLAINTIFF-wife???
Husband is afraid that .......................if husband gives any prior info to wife, it is likely that wife may try to wipe out all that evidence or even may find some excure and evasive answer to the same!!!!!
My view was that Order 13 of CPC differentiates between parties to suit (i.e. those who obviously know facts indisputes and aren't unaware of fact of the disputed matter themselves) andother witnesses of those parties
And rules as to 'suprise to witness' and failure to give notice of Evidence apply only to Other witnesses and not parties themselves.
So....................... Can the husband give a surprise to wife and catch her red handed in WITNESS BOS by tendering those material documents just during CROSS of her without giving any inkling to her prior to that?
Please advise.
Thanks
Would
