Contradiction between adv. notice and counter.
Ojus
(Querist) 26 July 2014
This query is : Resolved
I'm the respondent in the divorce case.
In the reply to her advocate's notice I had stated that we had sex only two or three times during the 20 days stay together.
But, in the counter to her petition in court I have stated that we had sex almost all days during the 20 days stay together, and my affidavit also contains the same.
So, during my cross, can her adv ask me to explain about this contradiction? or Is the cross limited to the statements in my counter and affidavit only?
In case of facing such a question, should I stick to what I have stated in affidavit and counter, or what I have stated in reply notice?
Please suggest.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 27 July 2014
What matters is ground of divorce. However It Is true u may be crossed for varacity. Pl. Be firm of your answer as suggested by defence lawyer to defend u. It will not vitiate ur defence
Hope clear to u
Advocate. Arunagiri
(Expert) 27 July 2014
You can say a third statement also. But you have to give a valid reason for giving contradictory statements.
T. Kalaiselvan, Advocate
(Expert) 30 July 2014
The questions can very well be raised by the opposite counsel and establish the contradictions in various statements. So, atleast henceforth maintain the same stand everywhere. Ofcourse this minor contradiction may not weaken your defence.
Ojus
(Querist) 03 August 2014
The alleged ground for divorce is non-consummation and impotency. I've got potency certificate from medical board in my favor. So, in this scenario, will the contradiction on number of intercourse be an serious issue?
