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if court reject application u/s 311 to recall the petitioner for cross
23-Nov-2024 (In Divorce Law)
In the 125CrPC maintenance case , if the court rejects the application u/s 311 to recall the petitioner for cross,
can the respondent during his evidence phase, call the petitioner or his family member as a witness and ask the important question that will help prove his innocence?
Yes, the respondent can request the court's permission to call the petitioner or her family members as witnesses during his evidence phase, even if an application under Section 311 CrPC to recall the petitioner was rejected. The respondent must demonstrate that their testimony is essential to proving his defense and that the questions proposed are relevant and not repetitive of earlier proceedings. However, the court will evaluate whether this request is genuine and necessary for justice, ensuring it does not aim to harass or delay the proceedings.
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Adv. Aman Verma
Delhi | 50+ Answers
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