cross examination ?
ksvrajuadv
(Querist) 03 November 2010
This query is : Resolved
Hi Experts,
I am going to cross examination,this is my totally new experience.I watched number of times my senior to cross the witness but as an independent advocate it is new to me.I need ur valuable help in this field.under section 13 HMA,where petitioner is husband,he performed 2nd marrige,I am from respondent wife.husband put general allegations like cruel,harash behavior,tried to attemt suicide,not prepare food,short tempered,insult him(husband) in front of others.They have two sons elder living wid father who is 1994 born,younger living wid mother who is 1998 born.we have documents like panchytnama where written dispute arise in husband & wife due to second marriage of husband & other school certificate of elder son where mother name is different from her mother .they are living separately since october 2005.Husband earlier filed divorce petition in march 2006,& withdraw it on 30/10/2008 before cross evidence of him.persent petition is different allegation from previous one.Now they tender three affidavits one husband,2nd his father,3rd mediator,in all these affidavits they repeat same allegations.
plz guide me what could i ask witness during cross examination?
thanks
varinder
adv. rajeev ( rajoo )
(Expert) 04 November 2010
whatever you have taken contention in the objections to main petition, on that base you can cross examine the petitioner. You have to deny the plaint allegation against your client.
You have to take admission regarding 2nd marriage.
Kirti Kar Tripathi
(Expert) 04 November 2010
There in no rule for cross examination of witness. This depends on the facts of the case and also skill of counsel how he dealt with. However, for a good lawyers it is necessary to understand the psychology of the wetness.
Arun Kumar Bhagat
(Expert) 04 November 2010
Cross examination is an art, it can not be explained in words. Your basic aim should be to demolish the case of the prosecution by proving the same as false. You can do it either by making the witness to admit its falsehood or by producing the cogent and reliable evidence of yours which negates the case of the prosecution.
R.Ramachandran
(Expert) 04 November 2010
Very well explained by Mr. Arun.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 04 November 2010
I have seen many advocates in cross do the damage to their own case.
Just in addition to above opinions take some small small precautions. Write down all the possible questions and imagine probable answers and on that basis even prepare sub questions.
Yes Mr ARUN has clearly said above it is art and will come after experience .
Raj Kumar Makkad
(Expert) 04 November 2010
Prepare as per advice of Aun and shashi.
Arvind Singh Chauhan
(Expert) 04 November 2010
You didn't disclose here that whether case of bigamy has been instituted against husband or not? It is very important here If you can prove that, husband is hiding his second marriage, his whole case rest in vain.
Generally in such case it is good tactics to include the second wife in your witness list and issue the summon to her on the address of husband addressing his wife.
when she comes to the witness box There is a unexpected question for her that " Ap X (husband)ki legal wife nahin hain apki sadi awaidh hai, Ap galat roop se unke sath rah rahee hain ".
Generally Indian house wife can't bear such allegation and answer comes as " Nahin meri unse sadi hui hai, main unki waidh patni hoon ". If answer comes in such a way, it would be very helpful for wife to rebut the allegation of husband and to prove that husband is a liar.
Rest has been explained by much experienced learned seniors than me.
Devajyoti Barman
(Expert) 05 November 2010
The cross examination is the art of not putting such question than asking all the questions.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 November 2010
For the querry and to the experts I just put a small example.
The complainant has not produced accounts nor pleaded in complaint of NI 138.
In cross the defense ask question- do you maintain accounts and the answer is yes.This goes against the defense since the mistake of complainant is corrected and now defense has proved which was the duty of complainant.So it goes against the defense and even may affect the outcome.
There are similar many examples and when cases are lost the defense blames this and that.
Parthasarathi Loganathan
(Expert) 11 November 2010
Mr.Aman needs to be precise before closing this thread as the main issue comprises of many supplementary unresolved factors.
