In this judgment from Hon’ble High Court of Bombay, it is held that in a case of CrPC 125, whereby a knife comes begging for maintenance, she has to step into the witness box and depose her evidence. Affidavit of Evidence is not permitted per CrPC 126(2).
Anil Ambashankar Joshi Vs Reena Anil Joshi And Anr on 5 December, 2016
The affidavit of evidence filed by the Petitioner vide Exh.17 would have to be discarded. The Respondent however would be entitled to lead her evidence by stepping into the witness box.