Upgrad LLM

cross-examination

student

dear friends,

in my cross-examination opposite lawyer (dvc case)is asking questions only relevant to monetary aspects, not on impotency of my husband, misbehaviour of my father-in-law and mis-behaviour of my mother-in-law.

i wanted to tell court about everything what happened with me in my in-laws house.

and my lawyer is saying that you can answer only to questions asked by opposite lawyer.

help me, can i tell by my own anything in the court.

regards.

 
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Law Officer

Yes, it is correct that you have to answer only those questions which are being asked to you by the opposite lawyer, but your lawyer can attached ssome medical proofs showing the impotence of your husband, as well as you can also ur neighbours as witness for the misbehaviour being done to you by your inlaws.

Regards

 

 
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advocate

During cross examination one should have to answer aptly. Every answer is not benficial to you it may also damage to your case. So generally it is adviced to answer on the point only. The details you want to say before court , would have said by you in your  examination in chief. I think your lawyer is saying correct.

 
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Yes.  Very important question and several people ask me about this particular point on several occasions.

Ms. GDK, I, earlier asked you what is meant by DVC case?  Is it divorce case or domestic violence case. Please clarify.

Coming to your question, there are certain basic things, which we have to understand:

1.  Never, never evidence can go beyond pleadings.  Pleadings means that whatever is written in the petition, written statement and rejoinder including the contents of the documents filed before framing the issues.  so, please understand that no question shall be asked / shall be allowed to ask beyond the pleadings.

2. Then, to lead the evidence, the affidavit is filed in the name of "evidence by way of affidavit".  You filed the affidavit.  If the opposite advocate shall not ask any question on any material point in your affidavit, it deemed to be proved.  For example, you mentioned his impotence in your affidavit.  Further, you may have filed certain documents relating to this aspect.  Now, while cross examining you, the opposite advocate does not ask any question relating to imotence, the court takes it that you have proved that particular point.  Hence, you check up your petition, rejoinder and affidavit and if you mentioned about his impotence as effectively as you feel now and the opposite party is not asking any question on this point, you feel happy, because this point is proved.  Similar is the case in respect of misbehaviour of your in-laws.  If you mentioned in your affidavit and if he does not ask the question, it is deemed to have been proved.

3. Now, he is asking several questions about the monetary matters. That means, he might be thinking in terms of divorce and is trying to reduce the permanent alimony by bringing the clear picture before the court.  Hence, answer the questions put by him sincerely, honestly and without diverting your mind on other things.  At this juncture, I want to give one more advice to you.  When he asks a particular question and he asks straight answer, but you feel you need to add some more thing to your answer there is a method.  I will give the following example:

Question by advocate:  Do you know that your husband does not have even a motor cycle?  (he wants to show poor financial condition of the husband).  (the advocate further insists you to give answer as "yes or no"). (In fact, he does not have any motor cycle)

Ans:  Yes. (Then you have to add:)  But he does have Wagaonr car and daily goes to office on his car. (This later part will be recorded as Vounteered by the witness) 

I agree with Mr. Arvind that elaborate and unnecessary answers would harm your case.


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POWER OF DEFENSE IS IMMENSE

Whatever you do, train or tutor if an advocate is expert he can demolish any case examination by leading question and seeking answers in yes or no.

And Mr Prabhakar it becomes very defficult for expert of experts witness to withstand the bullets of cross examination if if and if property and sequntially planned.

And in such circumstances the witness is not given any time to think to volenteer information. Most of the time he / she just does the opposite.

TO ALL THE FRIENDS PLEASE LEARN THE ART OF EXPERT CROSS EXAMINATION.

 
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UNEMPLOYED

in your cross examination,

firstly, your lawyer questioned to you. perhaps he extracted all information, which you want to raised before the court. it is the job of your lawyer.

secondly, respondent's lawyer question to you. he can ask only all relevant questions. if the question is irrelevant you may complain the court through your lawyer. he has the liberty not to ask any question.

respondent's lawyer tactfully avoid the troublesome questions for them.

" not on impotency of my husband, misbehaviour of my father-in-law and mis-behaviour of my mother-in-law. "  - have you putted all these matters, in your witness at the examination in chief, ie, where your lawyer asked you and you answered. are you satisfied in your witness? confirm it in next post.

your anxity is correct. lawyer of one party take bribe from the other party. therefore please be careful. very particularly where 498a or dv case going on. in case of maintenance,-  it also happen.

you may collect the certified copy of your witness by paying a small fees to court. you personally may apply for it. ask for urgent copy. after getting certified copy, you will be confirmed that - what happened in reality.


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UNEMPLOYED

please read - lawyer of one party may take, instead of lawyer of one party take

 

please read - what happened in reality in regard to your evidence.


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Medical Value Travel

@ Arup ji


Arey arey how you can generalise "lawyer of one party takes bribe from another party..." There are some good Titans too.
 


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student

thank u prabhakar sir for the knowledge.

 
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student

thank u prabhakar sir for the knowledge.

 
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