Cross examination
Umesh Pandurang Jadhav
(Querist) 18 April 2018
This query is : Resolved
Ronika and manish married on 10-10-15, husband & wife running their case in family court .
In beginning Manish filled petition for divorce from Ronika...
Even Ronika gave replied to Manish's notice and submitted W.S on 10-3-17 in family court..
In mean time Ronika declared under oath on affidavit regarding marital status as UNMARRIED ...on 20-10-16
Manish received her affidavit of unmarried via RTI and submitted to family court judge ..
Now Manish is for cross examination stage in family court..
My questions as follow :-
1.is it possible for defence lawyer to take cross examination of Manish , even though Ronika being marriage status , she declare in public on affidavit that she is unmarried n in WS she wrote she is married ??
2.is it possible for Manish to request judge for no cross examination ....bcoz her wife declared unmarried on affidavit , then under which act or section judge can pass the no cross examination order?
3.which criminal cases can launch against Ronika ? As she told court she is married and want Maintance & on another side in public she take oath on affidavit that she is unmarried ...
Ms.Usha Kapoor
(Expert) 18 April 2018
It's better to stop cross examination and book her for perjury. If we proceed with cross examination and in that it comes out that she is wife of complainant will have to pay maintenance and alimony.If she files DV cases and 498 A cases in near future in view of perjury case no one believes her version and the husband will emerge Mr.clean of all such cases.It is proved before Hon'ble court that she is unreliable and quickly change her versions.
Vijay Raj Mahajan
(Expert) 18 April 2018
Too early for Manish to act. The cross examination of Ronika is too far and only after her examination in chief. The lodging application for perjury arises after the cross examination of Ronika where she answers the question about her making statement of unmarried marital status in an affidavit although she was married.
The use of word "unmarried" in place of "married" can always be defended as typographic mistake that got over looked by the person while signing the affidavit.
Guest
(Expert) 18 April 2018
Apparently, your description clearly reveals as if this is not a real case, rather an academic query to solve some law school exercise.
Can you state, how and in what capacity you are concerned with the case of Ronika and Manish. Also, if you have to ask such questions, why you or Manish could not ask the lawyer of Manish?
Still further, what will you do with the Act or section under which the judge can pass order for cross-examination. This aspect very clearly reveal your question to be or purely academic nature, when the lawyer of Mr. Manish should have known the relevant section/ Act of law and also when to launch a criminal case against Ronuka. If he does not know law, what for he has taken up case to fight.
If you are concerned even a little bit with the case, try to rely on your lawyer.
P. Venu 
(Expert) 18 April 2018
A question paper than a query, that too unintelligent! How come the opposite party had to get a copy of the affidavit through RTI? How come the Family Court has jurisdiction, when the fact of the marriage is denied?
