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Ganesh Nair (Employed)     01 March 2017

Cross examining the complainent

In a DV case cross examination, can  one of the respondents cross examine the petitioner? I have a lawyer. But I feel as respondents we can do better as  we are more aware of the facts. We have countered all of her false allegations on the written objection already filed along with proof.

but our lawyer says that respondents can't cross examine the petitioner. She says only the lawyer only can do that . If necessary the respondent can stand next to her for support. 

In case the respondents can cross  what are the procedures? Is it necessary to submit a written request or is it enough to put a oral prayer before the magistrate on the said date?

the complainent has already skipped giving evidence twice already. They have started requesting our lawyer about a mutual with a permanent alimony.



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 3 Replies


(Guest)

If you are confident simply take over case, give letter to judge stating you will represent yourself in the case and that you dont need a counsel.  Judge will agree, then you can ask whatever question you want.  Heard of too many cooks spoil the broth? Like that you will be responsible for your case's fate.

1 Like

Sachin (N.A)     01 March 2017

Originally posted by : Anonymous Iyer
In a DV case cross examination, can  one of the respondents cross examine the petitioner? I have a lawyer. But I feel as respondents we can do better as  we are more aware of the facts. We have countered all of her false allegations on the written objection already filed along with proof.

but our lawyer says that respondents can't cross examine the petitioner. She says only the lawyer only can do that . If necessary the respondent can stand next to her for support. 

In case the respondents can cross  what are the procedures? Is it necessary to submit a written request or is it enough to put a oral prayer before the magistrate on the said date?

the complainent has already skipped giving evidence twice already. They have started requesting our lawyer about a mutual with a permanent alimony.

 

Respondent can cross-examin the complainaint there is no special formality to be completed you can say it orally on date of hearing.

But it is advisable to allow your lawyer to do it on your behalf you can stand with the lawyer and suggest him something during cross-examination if you think your interference is necessary,

Best is to sit with your lawyer before the date of hearing and discuss the strategy. Don't do any experiment at this stage. As good cross-examination is the backbone of the case.

1 Like

Ganesh Nair (Employed)     01 March 2017

Thank you sachin


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