yadu 24 June 2015

Value of cross examination

My wife is junior assistant finance in apsrtc. Earning something 25000. In cross examination she also admits that. But her afidavit and petition all she mention as house wife. My advocate says that that's enough and further evidence not require. Main confused hoon. Kya mujhe aur paper submit karne chahiye ya jaisa ki mere advocate kah rahe hain vaise karna chahiye.

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7 Replies

saravanan s (legal advisor) 24 June 2015

during cross examination this discrepancy when raised would serve your purpose

SRISHAILA.DHARANI (Advocate&consultant) 25 June 2015

Dear Friend,

Please take the salary certificate from the apsrtc and file the same to the court and the court will accept the same and dismiss her application or file an application under section 92 requesting the court to send the notice to apsrtc, to send the salary particulars.

Otherwise, you will be under problems, as you will not be proving she is working.

srishaila,9741425514,sdharani120@gmail.com

sandykrish (Interested in Family LAW) 25 June 2015

Mr Dharani is it section 91 or section 92, where do you practice your law. If you don't know anything don't misguide. Oops, what capable lawyer you are?

fighting back (exec) 25 June 2015

@shrishaila.....why will the author be in a problem? his own wife has admitted in court about her employment. that its self will nail her..why will the husband be in a problem and why does he again need to prove the point when the wife herself has confessed about her employment....can you please elaborate?

Adv k . mahesh (advocate) 25 June 2015

first make apsrtc a party then summons them through court with the officer on duty name to produce the salary documents in the court and the application to be made under section 91

91. Summons to produce document or other thing.

Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.

(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.

Adv k . mahesh (advocate) 25 June 2015

here wife has admitted in the examination that she is working but the salary is sufficient to her or not the main factor has to be seen for live up to the standard of betterment and in the affidavit she has admitted that she is not working so if the author of the query has a payslip he can say that she is a government employee with sufficent means to sustain

as his lawyer also agreed that there is no problem but it will be a merit in his case if he produce the salary pay slip