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evidence not available yet pending in other court


18-Sep-2025 (In Divorce Law)
In one court my divours on adultry and cruality at the stage of judgement. based on some evidence the judgement will be favour to me In another court there is an dvc case pending on me in that case a have fileed a crmp for my spouse bank statement it is an crucial evidence My dout is if opposite party prefer to go for appeal in hicourt after trial court judgement can i add that bank statement evidence in hicourt which is not available during trial stage and pending in dvc
Answers (2)

Answer #1
630 votes
In appeal, the High Court generally considers only the evidence already adduced before the trial court. However, if you have crucial documents like bank statements that were not available earlier, you can file an application under Order XLI Rule 27 CPC to seek permission to produce additional evidence in appeal, by showing that the document is material and could not be produced at trial despite due diligence. The court will admit it only if it finds the evidence necessary for a just decision. Hence, keep the document ready and consult your counsel to move the proper petition.
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Advocate Pavani Kumari

Adv. Pavani Kumari

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Answer #2
695 votes
This is a 498A IPC case (cruelty), which is a cognizable and non-bailable offence. Do not ignore the police call — visit the police station with a lawyer. Usually, police issue a Section 41A CrPC notice before arrest; you can sign it and obtain station bail if granted. For protection, file an anticipatory bail petition under Section 438 CrPC for yourself and family members named in the FIR. This will safeguard you from arrest during investigation. Carry Aadhaar/ID proofs. If police misuse process or pressure you, escalate to the SP/Commissioner or approach the High Court for appropriate directions.
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Advocate Mrudhula Jahnavi

Adv. Mrudhula Jahnavi

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