Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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rajiv_lodha (zz)     05 June 2012

Cross examination in divorce case

Husband applied for divorce HMA (13 ia, cruelty) with ADJ court. Next date is for petitioner- evidence. Now the procedure is new to me & lawyer’s version does not appeal much……so kindly throw light:

1) He has prepared 11 pages affidavit & plan to submit it there. Almost copy-paste of original petition. He says “cross-examination” is not a big deal & opposite lawyer will perform it on the same day within 10 min.

I have apprehension about cross examination, is it usual formality as he is telling? Or I have to prepare myself for rigorous viva?

2) Can the opposite lawyer take time to read my affidavit n do cross on next date?

3) My lawyer says that ADJ remains busy in his cases while parties dictate their evidence & opposition does CROSS standing near the steno/clerk. Is it so?

Somehow, I have different picture of court proceedings about evidence + cross………………may be due to hype shown in Hindi Movies?



Learning

 14 Replies

Tajobsindia (Senior Partner )     06 June 2012

Ha ha u r so right it makes me laugh (not on you but on overload of courts)


1
. Affidavit is supposed to be given copy of to o/p few days before so that he can come prepared otherwise if given same day then the evidence will be differed for next date by o/p citing that hazoor abhi diya hai affidavit in ho ney aab mai kya karo!.BANG matter adjourned for next date TRING TRING maint. meter is still ON as per adjourned date if she has applied for maint. against your divorce remember that !!!!


2. Yes the scene is more cozy than fiction and it usually happens before the steno and rest apprehensions are right unless ld. PO is pro-active and less burden on the date then a ld. PO is required to take the charge of putting his Rules here and there during cross examination by keeping open your file and w/s in front of him.


3. You see other than visiting court just to see at one time your lovely wife only on your court dates (just like what I mentioned under quotes in opening second line in my profile) do visit at random different courts and experience first hand cross examination be it happening in some other matters under some other act/code. You will remove inhibition of developing cold feets. I mean it is a lovely experience for all laymen’s.


BTW what you alleged and what rebuttal she mentions is what is asked in tricky way to elicit doubts on your statements and demolish your 50:50 allegations So develop Rhino skins and compose yourself say only minimum as reply and ensure any extra words that you speak is entered in your Statement as (voluntarily….blah ….blah….bang…blah……bang….) Read your statement at the end and then only sign recalling you did actually say all that Ramayana afterall otherwise later on you will come here saying ld. PO was biased and colluded with your lovely wife side and cross examination statement was not what actually you gave kar key .....

1 Like

Adv Archana Deshmukh (Practicing Advocate)     06 June 2012

I do not know from which place you are where ADJ remains busy in his cases while parties dictate their evidence & opposition does CROSS standing near the steno/clerk.... !!!!  at least I would like to know for the sake of knowledge where such things happens.. !

May be in some cities this is happening, whereas in our maharashtra, the cross-examination is strictly dictated by the judge to the steno and I haven't seen a single case where parties dictate their evidence to the steno...

Anyways, do not take cross examination lightly and submitting an affidavit of evidence which is a replica of the petition is also not a good idea. Length of the cross depends upon facts and circumstances of every case. So it may be just 10 minutes or in some cases many many more minutes, an hour or more. However, you go through the affidavit. Discuss things with your advo before submitting yourself to the cross examination, he may give you some good tips depending upon the facts of your case. Do not give any 'admissions' which are hazardeous to you i.e those which will go against you. Deny the suggessions / versions which are imputing some cruelty or allegations against you.

2 Like

Adv. Chandrasekhar (Advocate)     06 June 2012

Originally posted by :Adv Archana
"
I do not know from which place you are where ADJ remains busy in his cases while parties dictate their evidence & opposition does CROSS standing near the steno/clerk.... !!!!  at least I would like to know for the sake of knowledge where such things happens.. !

 
"

 In Delhi almost all courts follow the same procedure except one or two judges.

@Rajiv, 

Had I been your counsel I would have done the same thing except to hand over the advance copy of the affidavit to the opposite counsel one-two weeks before the date of evidence, so that the opposite counsel read it and come with preparation.  Before the cross examination,  You must read your affidavit thoroughly:  there are admitted facts by both the parties, if the opposite counsel will put any question on such fact (for the time passing), your counsel object it on the ground of admitted fact.  In respect of disputed questions of fact- the opposite counsel (if he is good enough) will not ask direct questions, but put questions surrounding the fact.  If it is relevant, you have to answer them.  If he goes far away from the question of fact and ask far fletched questions, then your counsel will object it as "irrelevant question".  Even then, the opposite counsel insists to put such question, your counsel will address the judge and the judge there itself will decide whether it is irrelevant or relevant question.  If it is ruled as irrelevant you need not reply.

Put confidence in your advocate.

2 Like

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     06 June 2012

It is all India practice that the judge dictates the evidence, otherwise not possible any where.

cross is important where the opposite advocate will demolish your evidende.

 

take care.

dr.pawan rajyan (member and secretory)     06 June 2012

(1) you should remember all facts/dates of incidence of case.give. listen -think and then speak.take time to ans. tacktile questions by asking opposite concil for a repeat of question etc.                                                              (2)he may take or may not be.                                                                                                                                                (3) it is so in most of sdjm/adjm courts.                                                                                                                            (4)hindi movies shows the courts as of highcourt/s.court.

Adv Archana Deshmukh (Practicing Advocate)     06 June 2012

Originally posted by :Adv. Chandu 09868332610
"
 In Delhi almost all courts follow the same procedure except one or two judges.
 
 

Procedure....???   :P

2 Like

Adv. Chandrasekhar (Advocate)     06 June 2012

when one observes the proceedings of evidence, there does not appear any violation of procedure laid down in CPC, Cr.P.C. and evidence Act as during the evidence the judge, while busy dealing with other cases, will give one or two glances towards the steno, counsels of both the parties or at one or two times intervene and change the words here and there in deposition.  At the end, the witness and the judge sign the deposition and so there is no violation of procedure.  If the cross-examining advocate  shows his inability to dictate the answers delivered by the witness in Hindi into English, then the judge grumblingly keep his other files away and involve himself in the process of evidence.  

1 Like

Adv Archana Deshmukh (Practicing Advocate)     06 June 2012

No Mr Chandu, I am unable to agree with you because both the CPC and CrPC expects that the evidence should be recorded by the judge either himself or or by his dictation to the steno. Yes it is written that the judge may record the evidence under the direction and personal supervision the evidence may be taken by the officer of the court appointed by him in this behalf for reasons to be recorded. But this clearly does not mean that and should not be interpreted as that the job is to be left to the steno and the advocates.......and that it is OK that the judge can be 'busy' in dealing with other cases and give one or two glances towards the steno at his whims will be enough..... . Recording of evidence is a serious bussiness and not to be taken so lightly just to complete the formality. A judge has to put his mind in the case while recording the evidence and see the relevancy of the questions, demanour of the witness etc not to be just left to the other party advocates to take objections and then the judge will see about it. Supporting and encouraging such a practice will not be proper.

1 Like

rajiv_lodha (zz)     06 June 2012

Can self deny answering a question during cross as "Ir-relevant" OR my lawyer only has such right to nullify opposite side's question?

Adv. Chandrasekhar (Advocate)     06 June 2012

@rajiv,

you / your advocate can appeal to the judge that the question is irrelevant and if the judge accepts your prayer, then you need not to answer.  Otherwise you have to answer to the question.  If the answer is self incriminating, you can refuse to answer the question, even though it is relevant, but the adverse inference will be drawn at the time of final disposal.  But such situation does not arise.  If the judge refuses to accept the question irrelevant, then you answer to that question.

1 Like

A.V.Pattanashetti (Advocate)     07 June 2012

Dont very other sede Advocate may pray for time for cross examination but u should be ready for that  09448035651

1 Like

satish kumar (owner)     12 June 2012

Yes courts in Delhi , the advocates , convert the evidence in Hindi /punjabi as narrated by witness in to English and is dictated to the steno and usually, the judge is listening to witness given and does not interfere, as both the counsel are present . He continues to listen and disposes off other cases in his court on  files simultaneously as well. So the evidence so recorded is deemed to be recorded by judge... this way judge is able to finish his paper work , quickly and disposal of cases is faster 

ahmad (director)     19 March 2013

hey im new here and im very impressed from the website actualy here in pakistan we ppl mostly in civil and family cases judge allow a local commision(a lawyer) for writing cheif and cross where both counsel present and they start thier work .. this way the loud of courts can be overcome .. but in criminal cases evidence recorded before the judge mostly... and yes someitmes lawyers got fight with other lawyer ... sorry if im poor in english but in legal language im much smart...

A.V.Pattanashetti (Advocate)     21 March 2013

call me 09448035651 A.V.PATTANASHETTI. ADVOCATE BIAJPUR


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