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sandeep (pvt service)     31 October 2015

If something is admitted in cross and then denied

request experts to please guide.....wife has admitted that she was working, earning salary and is qualified, and husband never left her alone in the cross examination in her RCR case.

i wanted to know, if suppose she does a U turn in the maintainence cases filed by her, then what would be the courts stand?

i mean she has admitted some facts, and if in the other case she flatly denies those facts. then how do i handle it and prove that she has admitted her self and now she is in denial mode...

please advise



Learning

 14 Replies


(Guest)

Women are born liars.  You take certified copy of her deposition in case 1 and give it               in case 2, matter finish.

1 Like

N.K.Assumi (Advocate)     31 October 2015

I agree with Gyan Prakash.
1 Like

Laxmi Kant Joshi (Advocate )     31 October 2015

As you said she already deposed so then chances of her deny is less, anyhow take certificate copies of her deposition in rcr case and if required exhibit it in your other case .
1 Like

Laxmi Kant Joshi (Advocate )     31 October 2015

As you said she already deposed so then chances of her deny is less, anyhow take certificate copies of her deposition in rcr case and if required exhibit it in your other case .

sandeep (pvt service)     01 November 2015

thanks experts for your replies

This woman claimed in her 125 and DV petition that " ek abla naari hai, koi kaam dhanda nahi jaanti, isliye pati par nirbhar rehna majboor hai"

but during the cross in her RCR, she admitted she is an MBA

was working when she was with her husband, was earning some salary, 

--------------------------

now her time has come for her oral evidence in DV and 125, where she has claimed the same thing, but now she is not appearing in the DV case for oral deposition. so request experts to please advise on how to proceed.....thanks

SAINATH DEVALLA (LEGAL CONSULTANT)     01 November 2015

Dear Querist,

Keep in mind one thing, " A QUALIFIED AND AN WORKING WIFE IS NOT ELIGIBLE FOR MAINTENANCE", this is a direction of the Supreme Court.Why do U keep presuming that she would deny in the maintenance case about her earning capacity.If she does so, U can refer the RCR case proceedings in the court.No need for certified copies,the court itself will get them for verification.

1 Like

b.goheel   01 November 2015

agreed bt do not aware whether this judgement apply in the case of there is a differance of huge gap between the amount of income of both partners.
there is a law existed tht it is a husband responsibility to see that the life style of his wife is same as she used to accustom to it in matrrimonial home.
sr. put some light on it.

sandeep (pvt service)     01 November 2015

hi sainaith sir, thank you for your reply, however as you said, A QUALIFIED AND AN WORKING WIFE IS NOT ELIGIBLE FOR MAINTENANCE" however, this woman is only qualified, but i dont have any idea if she is earning or not.....that is the main problem. so can maintainence be denied if this woman is highly qualified but not working

SAINATH DEVALLA (LEGAL CONSULTANT)     01 November 2015

Again U are not clear whether she is working or not.Don't tax UR brain too much?

Ramesh Chander (Advocate)     02 November 2015

AS YOU SAY, SHE HAS ADMITTED THAT SHE IS (1) QUAIFIED (2) WORKING AND (3) EARNING SALARY, THEN WHERE DOES REMAIN THE QUESTION OF HER NON-EARNING? YOU HAVE BOTH OPTION I.E. TAKING CERTIFIED COPIES OF HER CROSS EXAMINATION (MEANS ADMISSIO REGARDING HER EARNING) OR REFERRING TO RCR  

1 Like

Dr J C Vashista (Advocate)     03 November 2015

Well advised by Mr. Sainath Devalla, I agree. A qualified woman is not entitled for any maintenance even if she has opted to stay home.

2 Like

sandeep (pvt service)     03 November 2015

thank you experts for your replies...appreciate your help..will do as you suggested..

prabhakar advocate (advocate)     03 November 2015

Only working wife is not entitled to maintenance.  If working wife is earning a lot less amount than her husband, then also she will be entitled to maintenance.  Just highly qulified is not enough to deny maintenance.  In India how many highly qualified people are without jobs.  In Lucknow for a few peon posts with a minimum requirement of 8th pass, in State Secretariat, thousands of graduates and a few hundred post-graduates applied.  In our legal circle, highly qualified postgraduate advocates are running from pillar to post to earn a few bucks.  A woman who works before marriage has to move to her matrimonial home and in that new place, new city she has to find a job.  Once, there is estrangement, she has to move back to her parental home and again search for job.  In these days, when highly qualified job seekers are more, it is not that much easy for a wife to get a job as and when her place of residence changes.  The court will consider all those things.  Hence, I request the advocates do not give tape recorded version - "qualified wife is not entitled to maintenance".  Even Shiv Naryan Dhingra's judgment that a qualified wife is not entitled to maintenance has not been followed by his co-judges in Delhi High Court because of above reasons.  In your case, you file certified copy of the first case in second case and when she appears, ask her questions and if she gives contradictory answers, ask her to explain the contradictions.  This is the procedure for you to protect your interests.

SAINATH DEVALLA (LEGAL CONSULTANT)     03 November 2015

So dear querist if U R wise enough follow the advice of Lr.Colleague Prabhakar Advocate.


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