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Case under 13(a) is dismissed with Costs!!


22-Jan-2023 (In Divorce Law)
HiI got married in 2014 and I filed for a divorce case in 2019 under section 13(a). My case was dismissed with cost by the district court in Jan 2023, 5 days ago. I fought the case base on cruelty as my marriage was not consummated and the girl also filed the DV case based on the same. The DV case was filed before I could file for divorceI found some new evidence while clearing out her material from my home. I found her handwritten diary where she clearly stated multiple times that she does not like to be physical and ok to stay with me without intimacy. nnWhat is the next course of action for me? Can I submit this new evidence in my high court appeal?nnTIA
Answers (2)

Answer #1
723 votes
Section 34 of the Indian Evidence Act requires diary to cross a series of steep hurdles to pass muster as evidence. The diary alone will not be sufficient evidence to charge any person even if all the requirements are fulfilled and the jottings are proved relevant and admissible. The information may, at best, be some form of corroborative evidence. Diary are hardly considered admissible evidence in a court of law
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Answer #2
855 votes
No you cannot submit new evidence in appeal. you can apply in high court for directing district court to register the case on the basis of this new evidence. You can apply under section 482 crpc. in appeal you cannot produce new evidences.
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