Can we mention husband audeltry with proofs as evidence in mc

723 votes

Yes, there may still be a remedy, but filing the video as evidence is not an automatic right after cross-examination is completed. You should immediately instruct your new counsel to file an appropriate application seeking permission to produce the video/additional evidence on record, explaining that the material was disclosed to the previous counsel but was inadvertently not filed. If necessary, seek recall/reopening of evidence and establish the video’s authenticity and relevance through proper procedure. The fact that you have already signed after cross-examination does not by itself permanently close every procedural remedy, but the Court will require a convincing explanation for the delay and omission. Do not attempt to introduce the video informally; have it filed with the necessary electronic-evidence requirements and supporting material. Act promptly, because once the evidence stage is finally closed or the matter proceeds to final arguments, obtaining permission becomes more difficult.

Advocate Pavani Kumari LawRato

741 votes

Yes you can file and request a new advocate about what happened before in the cross, there is a possibility to produce as evidence as additional evidence and let the court know why you have not submitted that evidence earlier Even though you have submitted as evidence for an old advocate, then the court will consider it.

Advocate Boggarapu Sudeendra Srinivas LawRato

637 votes

Yes, there may still be an opportunity to place the video on record, even after cross-examination, but it is not an automatic right. Your new advocate should immediately file an application seeking permission to produce the video as additional/secondary evidence, explaining that it was previously brought to the earlier counsel’s attention but was inadvertently not exhibited. The application should clearly explain the relevance of the video, its authenticity/source, and the reason for the earlier omission, and request the Court to take it on record in the interests of justice. Depending on the stage and nature of the proceeding, the Court may also consider whether further cross-examination of the witness is necessary. Do not delay—have your new advocate examine the deposition, evidence already filed, and the video before deciding the appropriate application.

Advocate Mrudhula Jahnavi LawRato

503 votes

In my opinion, even though your cross-examination has been completed and you have signed your deposition, you can ask your new advocate to file an application before the court seeking permission to reopen your evidence and submit the video, explaining that the evidence is important for deciding the case and was not produced earlier due to your previous advocate’s failure to act on your instructions, but the court will decide whether to allow it based on the facts, the reason for delay, and the relevance of the video..

Advocate Mohammed Mujeeb LawRato

660 votes

There are two practical routes open to you The first and easier route is this If your husband has still not been examined or his cross examination is yet to be done then your new advocate can confront him with the video during his cross examination and get it marked at that stage This avoids the need to reopen your evidence at all and is usually the smoother path The second route is to file an application before the same court seeking permission to reopen your evidence to place the video on record and to recall yourself for that limited purpose In a family court or a civil side proceeding this is done under Order 18 Rule 17 read with Section 151 of the Code of Civil Procedure If your maintenance case is on the criminal side under Section 144 of the Bharatiya Nagarik Suraksha Sanhita which replaced Section 125 of the Criminal Procedure Code then the court has wide power under Section 348 of the Sanhita to summon or recall any witness at any stage before the order is passed In your application state honestly that the video was handed over to your earlier advocate and was not filed by him Courts are generally sympathetic where a party has suffered because of the omission of counsel and the Supreme Court has consistently held that a litigant should not be made to suffer for the lapse of the advocate Now the most important technical point which most people get wrong A video is electronic evidence It will not be looked at by the court unless you also produce the original device or the original memory card on which it was recorded along with a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam which replaced Section 65B of the Evidence Act A video forwarded on Whatsapp or copied to a pen drive without this certificate is of no value So please secure the original source phone or card immediately and do not delete or edit anything Also keep in mind why this video matters legally Where a husband keeps another woman the law treats this as a just ground for the wife to live separately and still claim maintenance So the video is relevant and not merely a moral allegation Do this within the next few days because once arguments are heard and the matter is reserved for orders the court will be far less inclined to reopen To advise you more precisely I would need to know which court and under which provision your maintenance case is filed whether your husband has completed his evidence and how exactly the video was obtained and in what form you are holding it today

Advocate Naresh Gaddapati LawRato