Section 13 of hindu marriage act, 1955
Milap Choraria
(Querist) 17 March 2012
This query is : Resolved
Respected Sir(s). You might have aware that I am victim of dowry law misuse committed by my daugther-in-law, and her FIR is subjudice and stayed by Hon'ble High Court on my aapplication for quashing of the same. When she failed to black mail me, she filed Divorce Petition. Inspite of all details supplied to our lawyers, she maanaged to close her Cross EExamination in one day just by her evidence recorded in one page. In fact actual cross examination could not made by my advocate, because I am from Delhi and case in Howrah (WB). Can we apply for recalling her for further cross examination?
SAINATH DEVALLA
(Expert) 17 March 2012
Dear Milap,
You can move a petition u/s 91 crpc,for recalling the complainant for cross examination.
Milap Choraria
(Querist) 17 March 2012
Respected Shri Sainath Devalla, thaank you for your suggestion. However, the Divorce Petition under Section 13 of Hindu Marriage Act is adjudicated under Civil Procedure Code. Therefore, kindly advice me under which provision of CPC we can recall her to further cross examine.
V R SHROFF
(Expert) 17 March 2012
Recall is allowed, if material evidence can affect justice. // Also change Advocate you have a doubt for.
As a active Social reformer, help harassed husbands due to woman oriented laws., if you are convinced, the law is misused more than used.
V R SHROFF
(Expert) 17 March 2012
it is not cpc, but Indian Evidence Act, that govern Cross Examination.
Deepak Nair
(Expert) 18 March 2012
Agree with the experts.
Raj Kumar Makkad
(Expert) 18 March 2012
Application under section 151 of CPC shall suffice for the purpose you require re-call of witness in the divorce petition.
V R SHROFF
(Expert) 18 March 2012
151 at sole pleasure of presiding officer of court. no right
SAINATH DEVALLA
(Expert) 18 March 2012
Dear Milapji,
Ample information has been provided by my colleagues above.Proceed as per the directions.
Guest
(Expert) 18 March 2012
Experts opinions can benefit you the most in your case.
