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Evidence submission during trial stage in divorce case


01-Aug-2025 (In Divorce Law)
I, respondent have submitted my counter in divorce case but I have not attached my proofs to counter. Now the trail has started and cross examination is going on for petitioner. Can I submit my proofs now or will judge give me a chance during my examination. Plz clarify. My lawyer has been colluded and giving me wrong info. Pl help
Answers (5)

Answer #1
687 votes
Yes, you may still be able to submit your documents, but you will need the court’s permission. You should immediately file an application under Section 151 CPC (inherent powers of the court) seeking permission to file additional documents at the stage of your evidence. You must explain why the documents were not submitted earlier with your counter. If the court finds the reason genuine and it does not prejudice the petitioner’s case, it may allow it. It is crucial that this application is moved before your evidence begins. If you suspect misconduct by your lawyer, you may also consider changing legal representation to safeguard your interest in the case.
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Advocate Adarsh Kumar

Adv. Adarsh Kumar

LawRato Delhi | 400+ Answers
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Answer #2
723 votes
Hi there, by reading the information given by you I can suggest that it's better to submit your evidence as soon as possible for which you will need leave of court. However, you can also submit it during defence evidence. If you have any questions feel free to contact me.
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Advocate Ishan Parashar

Adv. Ishan Parashar

LawRatoDelhi | 200+ Answers
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Answer #3
826 votes
Yes you can file proofs with application for permission to file documents thereby showing relevancy as they are necessary for proper decision by the court . On filing the application for permission to place additional documents on record, the evidence shall be deferred. You change your lawyer .
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Advocate Prithvi Raj Sikka

Adv. Prithvi Raj Sikka

LawRatoDelhi | 25+ Answers
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Answer #4
715 votes
If your lawyer has colluded, that amount to professional misconduct. In this case the common practice is to engage with another lawyer get the NoC and Vakaltanama signed from the respective lawyers. The stage for submitting evidence is prior to the cross-examination. Nevertheless you can file an application for submission for evidence before the court.
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Advocate Dhananjay Mishra

Adv. Dhananjay Mishra

LawRatoGurgaon / Gurugram | 25+ Answers
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Answer #5
547 votes
You can file Proof later on with permission of court by filing an application regarding taking evidence on Record. however if you mentioned about those proof in written statement but not attached it will be easier. For more detail please connect with me
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Advocate Anuj Ranjan

Adv. Anuj Ranjan

LawRatoDelhi | 50+ Answers
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