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s..i..n..g..h.. (member)     29 March 2010

whether Witness is necessary before husband in crpc 125

hello

my wife filed crpc 125 on me , case proceeded ex-parte , she has given her statement in ex-parte and after that i appeared and recalled the ex-parte proceedings

now trial started , i filed reply , i want that when ex-parte proceedings recalled her statement should be taken again in my presence before cross- examination

other party says that statement given in ex-parte is sufficient and no need of again recording  statement before me  and now i go for cross examination

whether i am right that her statement should be recorded in my presence and since ex-parte proceedings recalled  due to non summoning of summon so the statement given by my wife has been scrapped

if possible support ur suggestion by judgment

 



Learning

 4 Replies

Devajyoti Barman (Advocate)     29 March 2010

Whether her statements are taken on affidavit or not you can not force for her diposition all over again. Once the ex parte order is set aside you can now just cross examine her so that evidence may be comple.

s..i..n..g..h.. (member)     30 March 2010

her statement was not taken on affidavit , can i cross examine her myself as my lawyer seems hand in glove with opposite party


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