aarjun vhajage (Lawyer) 21 February 2020

Cross examination of respondent in divorce case

MY SENIOIR LAWYER FRIEND, PLEASE GUIDE ME.

I was taking cross of respondent wife in divorce matter. When I tried to contradict her by showing her previous statement which she made in 498A to break her varacity. But Her lawyer took objection that, THIS IS NOT A CRIMINAL TRIAL' Then how can I take cross to contradict her or taking no contradiction is allowed in civil cases.

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Quick Summary

This discussion explores the challenges of cross-examining a respondent wife in a divorce case, particularly when attempting to use previous statements from a 498A case to challenge her credibility. The core issue is whether such cross-examination is permissible in civil divorce proceedings when the opposing counsel objects. Advice is given on how to argue for the relevance of 498A statements and potential steps to take if objections are raised, including approaching the High Court.

2 Replies

Vishalonly1 Phand 01 April 2020

cross examination of respondent is compulsory

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498a victim please advice (o) 10 April 2020

you directly tell her lawyer and inform the court that 498a , cruelty is the ground for divorce and this divorce was filled based on false case 498a which we will definitely prove it false. hence all these questions related to 498a is valid. again if they object that you cannot cross questions for 498a then tell them give it in writing for objections so that you can approach High court to grant permission. also make an application in Same court cross of 498a is very important to check varsity of wife's statement. if court also deny. then approach High court.

do not think to proceed further unless you nail her in 498a. please