Hindu marriage act - cross examination
Suraj Kumar
(Querist) 26 November 2023
This query is : Resolved
Sir,
I have filed divorce petition against my wife.
In reply of my petition she file written objection denying all allegations. During evidence stage I have submitted affidavit in chief. On next day during cross examination my opposite party's advocate did't examine me by asking questions related to affidavit in chief. The advocate ask me few unrelated questions.
Next date is fixed for argument. Can I say since almost all allegations written in affidavit in chief is not questioned; my allegations may deemed to be established?
kavksatyanarayana
(Expert) 26 November 2023
If the advocate thinks it is necessary to ask, he will ask. You talk to your lawyer in this regard. He will explain in the court if necessary.
T. Kalaiselvan, Advocate
(Expert) 26 November 2023
You cannot demand the opposite advocate to cross examine you on all the points and objections they have raised.
If he had asked you irrelevant questions you could have objected.
However your advocate will take care of final argument
Dr. J C Vashista
(Expert) 27 November 2023
I concur with the opinion and advise of expert Mr. T Kalaiselvan ji.
You cannot put yourself in the shoes of opposite counsel and suggest the averments of affidavit to be admitted. In case the opposing counsel did not ask any question from your affidavit it stands proved.
S.JEEVAGAN, Madurai.
(Expert) 27 November 2023
Sir,
You may come to know whether the question put to you was relevant or not at the time of argument. Moreover, if your advocate felt that it was not relevant, he/ she could have raised objection when the same was put to you during cross examination. Judge would have considered such objection then itself.
In respect of the facts not denied by
the opposite side specifically, they may be deemed to have been admitted. ( Note: Order VIII, Rule 5 of CPC says that every allegation of fact in the plaint, if not denied specifically or by necessary implications should be taken to be admitted except as against persons under disability).
Suraj Kumar
(Querist) 27 November 2023
Sir,
Almost all allegations made by me is not examined.
T. Kalaiselvan, Advocate
(Expert) 27 November 2023
It is a benefit to you if they have not cross examined you on the points you pleaded.
That can be termed as admission by the opposite side, hence your job is made easy.
You should be happy about it.
