Limitation of questions in cross-examination of respondent.
Ojus
(Querist) 05 July 2014
This query is : Resolved
In divorce petition wife claimed that the marriage was non-consummated and husband even not touched her.
In counter, husband claimed that the marriage was consummated.
a) So, during the cross-examination of husband whether the wife's advocate can ask the questions about the in-depth details of the intercourse ie. questions about touching, feelings, erection, penetration etc. I'm asking this because her claim is that I have not even touched her body!
b) If yes, whether my correct and convincing answers to such questions will make her claims weak ie. non-consummation and absence of touching.
Devajyoti Barman
(Expert) 05 July 2014
1. The question in cross examination shall not go beyond the modesty of a person. Be careful while putting sensitive questions. If possible ask for in-camera trial.
2.yes
Ojus
(Querist) 05 July 2014
Sir, court has already allowed in-camera trial. Husband has already gone to potency test by medical board on his own application in court, and got result in his favor.
"Be careful while putting sensitive questions." whats the consequences of asking such questions to husband?
In criminal cases, ie. rape, the questions goes into details without considering the modesty, but in family cases is there any restriction to such questions?
Rajendra K Goyal
(Expert) 05 July 2014
Yes is the answer to both of your questions.
But question in cross examination shall not go beyond the modesty of a person.
R.K Nanda
(Expert) 05 July 2014
take help of local lawyer.
V R SHROFF
(Expert) 05 July 2014
trial will be held in camera.
