No cross order passed in contested divorce case
Abhimanyu
(Querist) 03 February 2015
This query is : Resolved
Hello,
My wife filed the examination in chief in her evidence stage. Judge asked to go for cross exam on same or next date. Next Date the Husband was not present in the court, due to some religious function & talks of Mutual Consent Divorce bet him wife. They agreed for MCD. So Husband did not attend the court on next date.
But the court passed No cross order as wife's counsel was present. Later around 3 dates passed in the MCD talks, but it failed & husband demanded the Cross of Petitioner wife. But the judge denied as No Cross order has been passed & wife already place application that she want to close her evidence as she do not have any more witness.
1. Now how can husband go for Wife's Cross and under which section in Divorce case ?
2. Wife is working but she denies in court and getting interim maintenance under HMA 24. Can husband demand Witness Summons to his wife's employer in his evidence stage ?
3. Do you need to provide the list of witness to court before your evidence to whom you want to call as Husband's witness ?
Kappil Cchandna
(Expert) 03 February 2015
Dear,
File an application under cpc for her cross examination, if she is working and lying in the court then find her working proof and show the court that she is lying ....
Kapil Chandna Adv 9899011450
Devajyoti Barman
(Expert) 04 February 2015
1. File an application under order 18 rule 17 for recalling of the witness.
2. Witness can be recalled for re-examination or cross -examination even after closure of his evidence.
3. Wife's employer can be summoned.
4.It is prudent to supply the list of witnesses though non supply of it does not take away right of the party to lead evidence.
P. Venu
(Expert) 04 February 2015
You can move an application for cross-examination stating the reasons why you could not take up the cross on the earlier date.
Rajendra K Goyal
(Expert) 04 February 2015
Agree with the expert Devajyoti Barman.
ajay sethi
(Expert) 04 February 2015
agree with Mr barman
T. Kalaiselvan, Advocate
(Expert) 04 February 2015
I too agree with the opinion of expert Mr. Barman, you may proceed as suggested.
Abhimanyu
(Querist) 05 February 2015
Wife's Employer can be summoned under which Section after her close of evidence in HMA 13 1(a)1(b), as Wife is working but she denies in court and getting interim maintenance under HMA 24?
I filed RTIs with EPF & INCOME TAX But they denied the Information under RTI. I even do not have any proof which can prove that she is working except I know where she is working & where her EPF has been deposited.
Please help on
1. Under which section of Civil Procedure Code Wife's employer can be summoned ?
2. Will the Judge entertain such witnedd summon application in Husband's evidence stage, as he has already rejected the Witness Summons application in Summary Manner when husband replied to her HMA 24 application.
3. Sorry to say, but I purely think that the Judge is trying to buypass the process as girl is local & have good political contact
Devajyoti Barman
(Expert) 05 February 2015
I have already advised on the provision to be applied for.
If recall petition is rejected then go to higher court.
Dr J C Vashista
(Expert) 08 February 2015
1. I fully agree with the expert advise of Mr. Devajyoti Barman.
2. It is your right to cross-examine the witness otherwise it cannot be read in evidence, if the court has not mentioned "Opportunity given-Nil" check it, if endorsed move application u/o XVIII R 17 CPC as advised by experts.
3. You will have to do your home work to find out where the lady is working who is her employer and submit the application for employer's evidence.
4. Whatsoever, her application u/s 24 HMA 1955 (pendente lite) has to be decided in her favour, despite the fact she is gainfully employed.
5. It would be better and advisable to concentrate on other issue.
Ms.Usha Kapoor
(Expert) 24 June 2018
Agree with exppert Divya Jyoti Barman.
