Dino Mackenzy (Delivery Head) 24 March 2014

Cross examination in case of crpc 125

Hi All,

I am having a question regarding cross examination in case of maintenance case filed by loving wife u/s 125. Couple of weeks before my lawyer has taken cross examination of my wife in my absence. No one from my trusted contacts was present inside court room at the time of cross examination due to other reasons. Few days before I obtained written statement/records of cross examination happened on another day. While going through this document I felt that my lawyer has not taken any special effort while cross examining my wife and not even asked a single question on points which could have proven her “A BIG LIAR” pretty easily. Towards bottom of a same document, it is mentioned that there is no need of second examination of my wife.

My question to all experts on the forum is what could be my step forward? As a respondent to the case can I demand second round of cross examination in my presence in order to focus on all those missing points which I am feeling crucial from my perspective. Is there any legal provision in such a scenario or I need to wait until I will be cross examined?

Please do let me know. Appreciate your quicker response.

Thanks! :)

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7 Replies

Dino Mackenzy (Delivery Head) 25 March 2014

Hello Friends - Please suggest path forward in above scenario.

Thanks Again!

Advocate Ravinder (Advocate/Attorney) 25 March 2014

Cross examination will be done only once. There will not be any second cross examination. The advocate know better than you, they will ask the questions technically and pin point. No need to worry.

T. Kalaiselvan, Advocate (Advocate) 26 March 2014

If you are not satisfied with your advocate, you can change him even now and can file a petition through new advocate for recall of the witness again from re-cross examination for the reasons that few vital points material to the contest of the case on merits have been erroneously omitted by the previous counsel during the previous cross examination. This petition with an affidavit after counter/objection or no objection, if allowed by the court, you may have a chance to cross examine her once again, but you should change the lawyer and ofcourse the next time onwards make sure that your present in the court on the dates of hearing so that you do not miss the bus once again.

D Seikhar G (self) 26 March 2014

This Ravinder P never gives a correct legal advice and says that advocate only work for money. He needs money but he will not give his client an honest and proper service.When his client will ask question then he will shout at him.

T Kaliselvan had given correct and honest reply.

Advocate Ravinder (Advocate/Attorney) 26 March 2014

It is not 100% sure that your petition for re-cross examination will be allowed. It is discretion of the court. Normally other side will object the same by giving some reasons (the lapses which you have committed). There will be hearing (arguments) on this point and then the judge may allow or not allow your petition. First you want free advice without spending even a single pie and moreover, you accuse a lawyer. Shell some amount from your pocket and engage a lawyer. You will get good justice. This forum is meant for only basic legal information. The rest you have to work from your end.

Dino Mackenzy (Delivery Head) 26 March 2014

Thanks All for your kind response on my query free of cost ! Much Appreciated !!!

Reformist !!! (Other) 27 March 2014

@Ravinder.P>>>This forum is meant for only basic legal information

Who told you that this forum is meant only for basic legal information.

Cross examination will be done only once. There will not be any second cross examination. The advocate know better than you, they will ask the questions technically and pin point. No need to worry.

>>> First you said the above thing, then you changed your stand that its court discretion. Do not conceal the legal information if you know something. This is a FREE forum and everyone here has joined to get guidance. Please, you are into a very very Noble profession, keep its respect and share whatever you can. Dont say such words that shell out money and engage a lawyer unless and until a person is asking for some deep technical law stuff. This was a very basic question which could have been answered very easily as done by Mr.T Kalaiselvan.