Section 51 of The Divorce Act, 1869
The witnesses in all proceedings before the court, where their attendance can be had, shall be examined orally, and any party may offer himself or herself as a witness, and shall be examined, and may be cross-examined and re-examined, like any other witness: Provided that the parties shall be at liberty to verify their respective cases in whole or in part by affidavit, but so that the deponent in every such affidavit shall, on the application of the opposite party, or by direction of the Court, be subject to be cross-examined by or on behalf of the opposite party orally, and after such cross-examination may be re-examined orally as aforesaid by or on behalf of the party by whom such affidavit was filed.
Summary
- Witnesses must answer questions out loud in the courtroom whenever it is possible for them to attend.
- The people involved in the lawsuit (the husband and wife) can choose to be witnesses themselves.
- If a party testifies, they will be questioned, cross-examined by the other side, and questioned again, just like any normal witness.
- Parties can also use written, sworn statements (affidavits) to prove their side of the story.
- If an affidavit is used, the other side or the judge can demand that the person who wrote it comes to court to be questioned out loud about it.
Practical examples
FAQ
1. Do witnesses have to speak in court?
Yes, witnesses must be examined orally if their attendance can be obtained.
2. Can I testify in my own divorce case?
Yes, any party to the lawsuit can offer themselves as a witness and be questioned just like anyone else.
3. Can I just submit written statements instead of speaking in court?
You can submit sworn written statements (affidavits), but the other side or the court can force the person who wrote the statement to come to court for cross-examination.
Test yourself
Q1.Under Section 51 of The Divorce Act, 1869, what is the default method for examining witnesses who are able to attend court?
Q2.According to Section 51 of The Divorce Act, 1869, what happens if a party to the lawsuit decides to offer themselves as a witness?
Q3.Under Section 51 of The Divorce Act, 1869, if a party uses an affidavit to prove their case, what right does the opposing party have regarding that document?
Q4.Section 51 of The Divorce Act, 1869 dictates how evidence is taken. If a witness submits an affidavit and is then brought in for oral cross-examination, what further action is permitted immediately after the cross-examination?