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Aftab4u (PVT EMPLOYEE)     28 August 2012

Cross examination for maintenance.

Dear Friends,

 

May be useful...

 

 

The idea of any maintenance cross examination is simple .
You need to prove to the court that she is lying and here are the steps to go about doing that .The startrgy is called "peeling the onion". Expose her lies slowly and steadily . 


1) First ask harmless open ended questions that you know the answers to . Like whats your name and date of birt etc etc .Get the tension out of you in the first few minutes .

2) Next start by asking the questions that you know she will lie . Ask are you working now . She will say no .Then you say why ? She might say Recession , or no jobs . Then show the court the employment oppurtunities in her area and ask did you apply for these ? She will say yes she applied but she did not get the call . Then say that in your area more than 1 lakh women are working and you say that you did not get a job . Also cite judgments like mamta jaiswal etc at this stage . 

3) If she has hidden her qualifications then you have a silver bullet . Ask her how much she is qualified and then cross her on why she has not mentioned that in her petition ? Ask her if she aware of the consequences of coming to court with unclean hands . Then cite the supreme court judgements on unclean hands and how the court must treat a person coming to court with unclean hands . 

4) By this time she would have pissed her pants since she and the court knows that she is lying . Then try to proe that she left on her own accord and give evidence for that .

5) Conclude by saying that she left on own accord , she has voluntarily incapacitaed herself and demanding money , she has filed cases to harrass you . She has come to court with unclean hands and the apex court has clearely said that a person coming to court with unclean hands must be shown no quarter. The court can never diregard a supreme court judgement under any circumstances .



Learning

 1 Replies

kshitij (manager)     28 August 2012

@ aftab: very helpful information.....thanks for sharing..... apart from all the questions.... i want to ask something related to point no.5.......... to be honest in my case my wife didn't leave my house on her own accord...... i asked her to leave my house...... and she can prove that ........ she has many proofs against me....... so will that affect my case ?? in the divorce petition filed by me i have mentioned that i never asked my wife to leave her matrimonial home....but she will surely contest the case.....and  during the cross-examination it will be proved that  i dragged her out of her matrimonial home and left her homeless......... so please guide


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