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Sreenivas V (S/W)     23 September 2012

Divorce cross examination

Hi

I filed for divorce 3 years back. It came to a stage where my cross examination started almost 9 months back. Till now 3 times my cross examination was done. Still how many times the cross examination will go on. Is there a limit for it or no limit. I asked my lawyer to ask judge on this. He is telling he cannot ask as he has 8 other cases in same court and judge may get angry.

In between in these 9 months 4 times the case moved to saturdays saying for reconsilation. But first time they asked are you ready to settle (asking to settle with girl) which i said i want divorce only. Next three times simply they called on saturdays saying for reconcilation and nothing happened. After wards the third time cross examination happened and again now called for 4 th time in october.

Can i ask directly to judge on this. The cross examination doing it for name sake 2 times and 2nd time done some what.



Learning

 6 Replies

Tajobsindia (Senior Partner )     23 September 2012

1. For only such question cross examinations dates are not differed to infinite days.

2.
You may jump queue next date and directly agitate before ld. Judge citing “repeatedly same question is asked in all previous occasions in name of cross examination and same reply sought from me which is in material records of the file, if this only one repeated question is called as cross examination question then allow me to submit an Affidavit with same reply and let us move ahead OR grant me permission to approach State's HC under its Writ jurisdiction for directions to this ld. Court on how to conduct cross examination in a divorce case when already Issues are framed followed by Evidence Affidavits which are in file!”

3.
Choice is now yours how you want to make matters proceed to next procedural level instead of eternally dependent upon ld. PO's favor seeking advocate for his other case as if your case was garbage for him ! I mean what is this vague reply some members of the Bar give to clients that makes clients running to LCI for remedies? I feel this forum needs to be made a paid forum now :-)

2 Like

Never Give Up (Fighter)     23 September 2012

Patience...After you winning 498A they must have lost hope by now and just trying to avoid the divorce as they might be knowing their girls future is dark now.

Rahul Sharma (Others)     23 September 2012

Dear sir I am also sailing on same board, sorry to interrupt your thread in bw but can you please help me in knowing what happen generally in cross examination. what all questions are being asked..any example..Please help and guide.

Tajobsindia (Senior Partner )     23 September 2012

he he

Interruption allowed!

@ Rahul bro.,

Question may sound very simple for you but for its 'just' reply one needs to read down the main petition + w/s + rejoinder if any + admission / denial documents + evidence affidavits + framed issues of parties.

Where are all these brother that also in a free forum?

1 Like

stanley (Freedom)     24 September 2012

Gone are the Days when members of the bar were trust worthy,truthfull  and gained the utmost respect for their profession as of today there are only a few trust worthy members of the Bar left .Nowdays you see false and frivolous  applications being filed just to delay the case which dont even form subject matter .A month back i had to raise my voice in front of the judge  and all this stopped. Than the judge began studing the file and began questioning opp counsel as to how many such applications are going tobe filed in future in a scarcastic manner  . The longer the case runs the more the money :-). 

Rajan (AM)     24 September 2012

Dear Sirs,

I respect the learned lawyers and legal experts, but there are few who intentionally prolong the case for material gains. I had to fight my case for 13 years, for 12 years I had a lawyer whom I believed totally and paid without hesitiation when ever he asked for large sums of money, but late I understood that both the lawyers are together to prolong my case and hence I decided to appear party in person for the last year, with good advice fromthis very forum and from suggestions with few other local experts, I should acknowledge the advice of the experts of this forum helped me a lot to fight my case. The Hon'ble Judge awarded 3 IA's and the case in my favor rendering me natural justice. 

Informatively, I filed my proof affidavit on October 2006 and the other lawyer prolonged so many times without coming to court and finallywas taken up for cross in 2012.


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