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Gautam Joshi (ABC)     24 April 2013

Cross examination logic in dva

 

Dear Forum

 

I am respondent in a Domestic Violence Case (DVA) and I am going to cross examine my wife on my own without any advocate.

 

I need guidance from all of you as what should be the logic for cross examination??

 

What I mean to say is there are many contradictions in the documents filled by my wife, so both points should be asked at same time and clarified at that point or just need to take her statements and than later on should point to the magistrate regarding contradiction.

 

For example, In the complain form - I if she has written that husband kept me well for first five months and in second affidavit she has written husband harrased me from day 1, than in this case how should I proceed

 

OPTION - 1

---------------

Q-1 How did your husband kept you for first five months?

A-1 (say for example) He kept me well for first five months.

Q -2 In your affidavit you have written that he harrased you from day 1, so do you accept that you have made a wrong affidavit?

 

 

OPTION -2

---------------

 

Q-1 How did your husband kept you for first five months?

A-1 (say for example) He kept me well for first five months.

 

And than later in the arguments stage, I should point out to the judge that during cross examination she said I kept her well for first five months and in the affidavit she has written I harrased her from day -1. So that means that she has done a false affidavit.

 

OPTION -3

--------------

Any other option /logic suggested by you learned and experience people

 

 

I just want to know the effective way of cross examination because there are loads of contradictions made by my wife and I have lot of stuff to point at.

 

SO PLEASE GUIDE ME THE RIGHT WAT OF CROSS EXAMINATION.

 

Thanks to all of you in advance.



Learning

 5 Replies

arunkumark (law study)     25 April 2013

First note down all the contradictive statements and prepare a rough sheet  what kind of questions you are going to ask her.In her deposition she may change few points which are not favorable to her as per her lawyer.This variance of statement and contadiction may be pointed out to the hon'able court in the final argument.You have liberty to ask her  any kind of questions to strenghten your case. All the best.for you.

advocate praveen (prop.)     25 April 2013

dear,

simple funda for cross examination.  "Whatever written in the court file cross on the issue and whatever is not written that sould be confronted by the witness"

regards

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 April 2013

agree with experts

cross examination is a matter of facts and situation, it can be practicle and without see the facts it is not right to give you best advise.

Advocate Ravinder (Advocate/Attorney)     18 May 2013

I completely agree with K.Anupama.  The cross examination is based on three principles

a) Omissions,

b)contradiction (variance of statements) and

c) Improvement (any questions which strenghthens the case. 

warrior (Personal)     20 May 2013

Do not give wife option of explaining , in your above both OPTIONS you are leaving lose ends.

EX: Read out the statement she wrote in the 1st complaint as "husband took care of me for the first five months" and then question her.

Q: as per the above statement of yours in the complaint copy, husbang took care of you with at most care, IS IT TRUE?

ANS: YES or NO ===> YES

ask more good things about "good care" have her commit.

Then read out the contradection statement of the other affidavite " from the day one husband harrassed me ....etc"

Q: in the previous statement you accepted that husband took care of you for first 5 months...but here you have mentioned he harrassed you from the day one. SO you are lying to court about the harrassment?

tell me which one of the above two statments of your is LIE ?

.....................etc continue grilling her until she accepts that she lied in one of the statements.

 

either she should accept she lied in one of the statments or she shoud give legitamate explanation for both statements. do not have her speak nonsense but accept the lie.


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