Fateh
(Querist) 14 September 2016
This query is : Resolved
Resected experts My wife is leaving in adultery and is heaving a son 18yrs of a. In my divorce case I requested my lawyer to summon this boy and cross examine him. But my lawyer told me that we can not cross examine own witness. Pl guide me how I can cross examine own witness. Pl give court order reference
Devajyoti Barman
(Expert) 14 September 2016
You can summon him to give evidence in chief and not for cross examination. Your wife's lawyer will cross examine him. I am not sure why your lawyer is saying so.
Guest
(Expert) 14 September 2016
What a vague academic query?
Mr. Fateh, what was the background of making your son as your own witness against her own mother?
May she be living in adultory, is there any specific reason to believe that your son would definitely testify against her own mother through examination-in-chief, as your own witness, or through cross-examination, even if he is declared hostile?
Ms.Usha Kapoor
(Expert) 15 September 2016
Instead of all this you send you blood sample or semen sample and the boy's blood/semen sample to Forensic Lab of repute and see whether the boy's DNA matrches with your DNA or not. In ND TiWari's case also Tiwary gave his semen samples to his son who filed a paternity suit and the boy sent it to /forensic Lab along with hia own semen sample or blood and they matched establishing ND Tiwary as the boy's father in paternity suit by his and his 2nd wife's son our Former Governor o f A>P and Ex CM of UP and Uttara Khand etc.
Raj Kumar Makkad
(Expert) 16 September 2016
I confine myself only up to your query instead of additionally suggest.
Any party can summon the witness through the court and the party summoning such witness can ask any question related to that witness consistent with the disposal of the case as per provisions of CPC which shall neither be treated as chief examination or cross.
I think your lawyer is correct to that extent, however, this is morally wrong.
Rajendra K Goyal
(Expert) 18 September 2016
Agree with the expert raj kumar makkad.
Dr J C Vashista
(Expert) 19 September 2016
I agree with expert advise of Mr. Raj Kumar Makkad.
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