Whayt is the best way to counter her ws
rajiv_lodha
(Querist) 06 August 2012
This query is : Resolved
In my sec 13 HMA case, wife has filed WS. My side evidence is about to close. So I am preparing for next steps. Plz help me understand few things:
She has lied in WS at 2-3 places for which I have strong contradictory documents. What is the best way 2 utilize them?
1) Get her admitted “xxx” in cross, then immediately produce contradictory document there n then. Will it be recorded as such that we have submitted?
2) She has admitted a falsehood in her affidavit/evidence. No need to ask again, take risk during cross as she may speak a little different thing. Submitting straightaway the document which contradicts her claims in para zzz.
When she has submitted affidavit, we have done cross, is there some opportunity to submit WRITTEN stuff highlighting her falsehood in various paras.
Devajyoti Barman
(Expert) 06 August 2012
1. No need to cross on the point of contradiction if the same is on record. At the time of argument you can always highlight the same.
2. Yes
Not at all. Her own statements need not be shown to her. It is already on record and any question repeating the same would be a wastage of judicial hour.
rajiv_lodha
(Querist) 07 August 2012
Thanx sir,
What is the next step after her side cross. Is it "argument", What is "rebuttal", does this step come in b/w affidavit n arguments? Do these arguments run for few hearings or its a matter of one day?
ajay sethi
(Expert) 07 August 2012
once evidence has beeed led by both parties and cross examination done . case is placed on board for arguments .
it depends whether court has time to hear arguments . it may run for more than one date .
