Wife has taken different ground in the maintenance petition. My wife has filed a case for the interim maintenance under section 24 of the Hindu marriage act. When the matter has been listed for the evidence my wife started to adduce evidence regarding the criminal cases which was filed by my parents against my wife. One of them is related to the senior citizen act 2007. My advocate resisted that the evidence regarding the criminal cases and cases filed by in-laws are irrelevant because the wife did not mention that facts in the plaint. But the court refused and allowed the interim maintenance.
Asked from: Uttar Pradesh
According to section 10 of the family courts act 1984, the provisions of code of civil procedure apply however, the court has the power to formulate its own procedure. It is settled principle of law that no amount of evidence can be looked into unless a fact is pleaded is applicable in this case. The facts regarding the institution of criminal cases were not pleaded in the plaint. Therefore, the court should refuse to accept the evidence towards the criminal cases.
You should file a revision against the order of the court. This order is not good because the court has admitted evidence to which no pleading was made by the party who has adduced that evidence. Thus the decision of the court has no basis in devoid of non-admissibility of evidence.
