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partho (na)     23 September 2014

Right to remain silent in india

Dear Sir,

 

My wife file a divorce suit under section 12 and 13 of HMA. She raised a issue of impotency in the suit. She said clearly during cross examination by my lawyer that she has no evidence to substantiate that claim . She took my mother name in this. 

 

My question is wheather my mother can be questioned by the petitioner counsel. She is not on witness list. If She got questioned, then can she invoke her right to remain silent. She is an old lady and not educated. How invoke the right to remain silent during cross examination. please advice. 

 

sincerely

parthodaskhan



Learning

 4 Replies

Hardeep (Business)     23 September 2014

Your wife - and you - obviously know who is right. Your wife clearly says she has no evidence so she lied in the suit - you should take advantage of this. It seems both you and your wife are confused on what impotency exactly is !

 

As the name says, any witness must have " witnessed" the events. Your mother can not be a proper witness anyway . Else only an accused has the right to remain silent - see Article 20 of the constitution. The competency of the witness is a matter for the Court to decide.

 

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

T. Kalaiselvan, Advocate (Advocate)     30 September 2014

She just want to drag your mother also to court in the guise of witness. You may object to it if she is filing an application to summon her as a witness.

partho (na)     07 October 2014

Dear Sir,

Thank you very much for your kind answers. I have to protect my mother in the court. If she does not wish to speak if called  upon,  then she has to say  " I invoke article 20 of the Indian constitution and hence there by decline to answer the question" 

If above saying is correct then please answer in affirmative. Otherwise Please give the right  version. That will be of great help. 

Sincerely 

parthodaskhan

dr g balakrishnan (advocate/counsel supreme court)     07 October 2014

Even if mother is a witness she has right to be silent none can force her. 

Impotency is to be proved by medical profession not by your mother; if not  proved your impotency her case just falls;

Find out what is the real cause you may know, as you are her husband, may be she avoided telling the court by her petition .

 

so u both can easily cure your issues out of court. Try that i am sure you both can succeed meaningfully i believe! 

 


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