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BattleBegins (s)     16 July 2018

Does husband cross examination mandatory in dv case ?

Hi,

My wife cross examination and her witness cross examination done. And her lawyer also submitted application to close their stage for evidence. 
Now my cross will be taken. My question is :

1) is it mandatory for me to give cross examination ?  

2) In DV case, she also mentioned my parents name in respondent. Do they need to give cross as well ?

3) Can I put my evidence directly without giving cross ?

Thanks for your help.



Learning

 4 Replies

Samir N (General Queries) (Business)     17 July 2018

I think it is NOT mandatory for husband to give cross because burden of proof is on the applicant. However, if you think that during her cross-examination you have not be able to conclusively prove that her accusations were false, then you will have to resort to relying on your affidavit. For the affidavit to be accepted, you need to be crossed. Were your parents served properly? In any event, I am unsure of what they should do.

I am not an advocate so do consult one to confirm.

1 Like

TGK REDDI   17 July 2018

No chief, no cross.     Cross can't be denied once chief is agreed to.

1 Like

BattleBegins (s)     17 July 2018

Originally posted by : Adv Kamakshi (Nellore)
No need to get into box.  As you given affidavit already the same is good.  You can as well tell like this when you get into the box.  I dont have to say anything.  I have already said everything in my affidavit in writing you may adduce the same and read for yourselves for perusual of court.  However your advocate should be uncorrupt to support you not to get cross examined by OP advocate.

Thanks for the information. But generally most of the lawyers never told in any of the cases like DV and 125 which are filed by wife.  Why do we need to get into the box ? as she put allegations on us so she has to prove them. 

Is there any provision in law or section which can be quoted in support of respondent ( husband ) to avoid cross examination ?  

 

TGK REDDI   17 July 2018

Shri BattleBegins

Dear Sir

Cross can't be refused at all.    Evasive replies can't be excused.


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