Value of contents of evidence-by-way-of-affidavit untested by cross-examination

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 3 months, 1 week ago.

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  • #4684

    Dear Sir,

    In my CrPC125 case in family court, my wife submitted her evidence-by-way-of-affidavit, but avoided her cross-examination by colluding with my lawyer and fraudulently effecting compromise in the CrPC125 case. She came to court with unclean hands and in her petition she lied to Hon’ble Court about having no source of income. I exposed her lie in my reply/written statement and during arguments for interim maintenance. Later in her evidence-by-way-of-affidavit also she didn’t disclose all her sources of income. To avoid being caught, just before her cross-examination, she effected a compromise by colluding with my lawyer and judge pressurised me to compromise and disposed the case. As per compromise/consent statement, she submitted that she will not seek maintenance for herself and I shall continue to pay maintenance for my children.

    It seems to me that one of her main objective was to avoid her cross-examination in CrPC125 case as she made various contradictory statements in her evidence-by-way-of- affidavit in comparison to her statements in her 498a complaint and 498a evidence and in her pleadings in HMA 13 case filed by her.

    My query is whether her statements in evidence-by-way-of-affidavit submitted in CrPC125 case become useless for me to contradict her in context of 498a and HMA13 cases as she was not cross-examined on same or I can still use relevant portions of her evidence-by-way-of-affidavit in CrPC125 case to my advantage in 498a and HMA13 cases ?

    Please guide.

    Thank you very much.

    Best regards,
    Govind

  • #4688

    Since it is her own affidavit, I think it may possibly be used against her, even without cross-examination, as she is supposed to be bound by her statement made on oath or affirmation (as the affidavit is supposed to be).

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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