gdk (student) 24 January 2015

Written document-498a

Hi all,

Iam the wife and lw1 in 498a case.

I have been summoned to attend the Court.

I came to know that I need to give evidence.

Does giving evidence means my cross-examination will happen?

So, can I file any written document stating all my problems before giving evidence?

Why Iam asking is as you know Advocates will twist the question and do cross-examination in such a way that our points are not taken into consideration (They will say say 'yes' or 'no').

Regards,

Gowri

Reply Follow

2 Replies

Zeeshan (Lawyer) 26 January 2015

Hi gawri hope you are fine, when you file a 498 a or any other criminal case you have to submit the evidence and examination of witness is also done as mere filling a case doesn't lead to the conviction of the accused.. and yes the cross examination is going to happen and you will be asked tricky questions.. The burden of evidence is on the person who accuses someone else as per the Indian evidence act.

T. Kalaiselvan, Advocate (Advocate) 27 January 2015

If you have given a complaint, it becomes your duty to complete the complaint by deposing your evidence and you are to prove it while being cross examined by the opponent lawyer. They have right to defend which you cannot deny. So, better do not raise such issues after having lodged a complaint against your husband, whether it is false or factual.