What should be ideal statement
rajiv_lodha
(Querist) 08 July 2012
This query is : Resolved
I have applied divorce 13ia. My friend wants to depose in my favor. Whether his statement should cover general cruelty like "I went to his residence for ccc task & his wife used ABUSIVE LANGUAGE and HUMILIATED HIM"
OR
"I went......& his wife refused to prepare tea, called him b*stard, K*MINA etc infront of me".
Which is necessary to prove cruelty? General or specific quote?
Devajyoti Barman
(Expert) 08 July 2012
The depostion must be in tune with what has been alleged in the plaint.
Do not fabricate evidence.
Rajeev Kumar
(Expert) 08 July 2012
Deposition should be inconcurence of plaint
rajiv_lodha
(Querist) 08 July 2012
Agreed experts!
But plaint does not mention this person's name any-where, no specific incidence pertaining to him. Its a general plaint mentioning acts of cruelty. Does the law allow evidence of such person if he is willing. He may have come to know about the divorce matter NOW ONLY and may want to depose in favor of petitioner as he was witness to some acts.
ashutosh mishra
(Expert) 08 July 2012
If he has really been witness to factual happening of those utterances he can depose as you are proposing else he will get trapped in cross if planted.
rajiv_lodha
(Querist) 09 July 2012
Yes sir, if he fabricates, he will be trapped. But the things are real, he is witness to daily shouts & utterences coz he lived upstairs. My concern is, shud he depose that "relationships were not cordial b/w the couple & I have seen/heard wife humiliating the husband a number of times"
OR
"On ....day, around 4pm, when i went to their house, she called the husband &&&, ##$$, !!@@ in my presence"
In other words, his statement shud be generalized or incidence-specific
Hope I am clear about the question
MohammedRaffiq Bijapur
(Expert) 09 July 2012
Rajiv bhai, proving of cruelty depends on the facts u have disclosed in ur plaint and which u have retreated in ur self oral evidence. the witnesses substantiate ur version that's all. the statements may be generalized. the other side would try to bring out the same in their cross examination.
