LIVE Course on Transfer Property Law | Price Hike in 4 days | Grab it now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

amol sharma (Group Manager)     31 August 2012

Cross examination in contested divorce

Dear All,

I have a question regarding my divorce case which is going on at Aligarh from 31st oct'2011 as you are aware . I am the petitioner and my cross examination happend on 8th Aug'12.

In my cross examination other side lawyer did not ask any thing and statement was recorderd in front of the Judge by the Steno, that we were having difference between us due uncompatibility and we want to live separate and I have paid 4 lacs as one time settlement money and all the cases are withdrawn.
 
Would there be a cross examination of my ex if yes then what is the process and how much time it would take.
 
If she doesn't come for cross examination then would be the court decision. My next date is 3rd Sept'2012. Should i attend the same or not .If yes then i can ask judge to give exparty orders if girl is not coming for examination.
 
Waiting for your reply


Learning

 5 Replies

Goutam Prasad (Advocate)     31 August 2012

From your question it seems that during pendency of your contested divorce proceeding both of you decided to settle your case on P.A. of Rs. 400000/-.

The same statment was got recorded on that date. 

But, for getting divoce through the settlement way is by mutual consent. In that case you need to file two motions with six months gap in between.

I don't think there is any possibility of exparte divorce through the way you informed of. That situation can only be possible if one of your ground is of desertion. If there is no desertion, then divorce as mentioned thourgh statement of your wife will not be possible.

amol sharma (Group Manager)     31 August 2012

Dear Mr.Prasad

Thanks for your response .
Brief history of  case is
Details of Case: Marriage happened in Jan'2008
Came to know wife suffering of BPD, in March'2008 due to taking medicine. Tried to ask her but no answer, also taken up the matter with my in-laws but no response from them. My father fell ill in April ‘2008 as he was suffering from Parkinson. He passed away in Aug ‘2008 in Luck now.
I came to Delhi on 22nd Aug’2008. Leaving my wife in Luck now as my mother was alone and she (My wife) had to return on 30th Aug'2008 .But she had an attack of BPD in 25th Aug'2008 and on 26th her father came and took her to aligarh to get her diagnosed where her medical treatment was going on prior to leaving Aligarh we had also got the checkup done by local Doctor (Neuro Surgeon) whose prescripttion was taken up by her father. We tried asking them the details twice in Jan'2009 and Jan'2010 but not getting any answer we send the legal notice thru our advocate in
feb'2010 in retaliation they filed 498a,406 and 125 crpc in Aligarh .All were complaint case . Cases were transferred to mediation cell at aligarh district Court.After several round of mediation we aggred for the same in Aug'2010 thru payment of money. Terms were of withdrawing of all the three cases and mutual divorce. But till date they haven't given the divorce. I had then filed the divorce on 31st Oct'2011 in aligarh court on
grounds of cruelty and desertion . In reply to my divorce petition the Ws given ‚ that we had to pay clothes and jewelry .But there was no such agreement. Between us.After a pressure from the Judge my cross exmination happened on 8th Aug'2012.In my cross examination other side lawyer did not ask any thing and statement was recorderd in front of the Judge by the Steno, that we were having difference between us due uncompatibility and we want to live separate and I have paid 4 lacs as one time settlement money and all the cases are withdrawn. Would there be a cross examination of my ex if yes then what is the process and how much time it would take.If she doesn't come for cross examination then would be the court decision. My next date is 3rd Sept'2012. Should i attend the same or not .If yes then i can ask judge to give exparty orders if girl is not coming for examination.
 

Waiting for your reply

rgds

Goutam Prasad (Advocate)     02 September 2012

Dear Mr. Amol,

I have to inform you that in this case, you can make application to proceed ex-parte. You must attend tomorrow' date and further dates.

Although I have suggested you to make application for proceeding ex-parte, but practically, judge will proceed ex-parte only after giving 1-2 more oppertunities. At this stage judge will not proceed ex-parte. 

amol sharma (Group Manager)     05 September 2012

Dear Mr.Prasad,

Thanks for the valuable advance .Would like to tell you that ,during my Divorce date on 3rd sept.Me and my lawyer spoke to the judge that other party would not come and all the settlement has been done and there is no case pending on us. They are just trying to harass me .
Then judge wrote on the daily sheet that Respondent not present and so  there evidence is closed and case should proceed for arguments on 24th sept'2012.
 

Can the judge issue exparte orders on 24th if they donnot come.

What would be my next step if they come for arguments .

Rgds
amol

Suryaa.saravanan (other)     08 December 2015

lawyer not do cross exmaination peitioner for long time 

can we file any applicaiton to right close


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query