LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rishi kumar   03 July 2017

Cross questions

Hello experts,

In have filed for divorce. As usual , my wife has filed DV, 498a etc. Next week, I will be cross examined. I think the next stage is going to be respondent cross examination. I have my reasons for filing divorce and I am sure I will be granted the same as that is a sure ground for divorce. And I have ample proof for all of it. Only she can try delaying it by her unethical tactics.

I have not told a single lie. Instead wife and gang had only lies to tell. For all her lies I not only countered with statements , I also submitted proof  to counter each one of her lies.  After one year of my divorce petition, now she has filed her objections, by paying a 100/- fine, asking the court to dismiss my petition as she wants to come and live with me like a true Hindu wife.  Now, I can blast all her lies in cross examination. Add to this, she has contradicted herself  many times in the DV application and now in the objection for divorce.

My question here is, can my mother cross examine her ?  She has accused my mother in almost all the false charges she has cooked up. Of course, we can counter all those with documents. We can explain every one of her lies and counters to the lawyer but the lawyer doesn't seem to have time or inclination for all those. She is ready with her usual " why did you not make a police complaint all these years" so on and so forth. So can  my mother put a petition requesting the courts permission to cross the respondent? If YES, under what section.  Kindly do not dismiss this as a question from an over enthusiastic person.

we want to come out clean from this as we have done no wrong. In DV case, she is postponing  her evidence  as she doesn't have any after receiving an order for 10% of the demanded amount as interim  maintenance.

 



 23 Replies

Raja_498a Victim (Manager)     03 July 2017

Nothing happens in divorce cases in India until cruelty is proven.

 

After 4 yrs of trial your application will be dismissed.

 

You get divorce on cruelty or adultry which is difficult to prove in india.

If mutual concerned divorce possible then check.

 

Siddharth Srivastava (Advocate)     03 July 2017

Pl. donot fight a case with emotion but fight with mind and reson. Your mother is a stranger so she has not right to join the procedding. Provide all facts to your lawyer who shall cross examine your wife. Take full advantage of contradictions made by your wife in different proceedings, correspondences etc.

Raveena Kataria (Advocate )     03 July 2017

You can move an application to the court to have your mother added as a party to the civil suit (Order 1 Rule 10(2), CPC,) giving them the same reasons for doing so.

The aforesaid section clearly lays down, "The court may...either upon or without the application of either party...order that the name of any party...whose presence before the Court may be necessary in order to enable the Court...to settle all the questions involved in the suit, be added."

Sachin (N.A)     03 July 2017

Agree with Sidharth Srivastav.

Your mother cannot cross*xamin your wife.

 

 

1 Like

Sachin (N.A)     03 July 2017

Originally posted by : Raveena Kataria
You can move an application to the court to have your mother added as a party to the civil suit (Order 1 Rule 10, CPC,) giving them the same reasons for doing so. Note, it still rests upon the discretion of the court.

 

Divorce case is between husband and wife. How can mother of husband will become party to the case?

1 Like

Raveena Kataria (Advocate )     03 July 2017

Well, he might as well try to move the application. Even if it's rejected, no harm caused. I will try to look up previous divorce cases in which a similar circumstance may have occured, (if it ever did.)

Oh, and 498A goes beyond a simple civil matter, and implicates relatives of the husband.

1 Like

Sachin (N.A)     03 July 2017

Originally posted by : Raveena Kataria
Well, he might as well try to move the application. Even if it's rejected, no harm caused.

 

Parties in Divorce proceedings are:  Husband and wife. 

No one else. 

Sachin (N.A)     03 July 2017

Originally posted by : Raveena Kataria
Well, he might as well try to move the application. Even if it's rejected, no harm caused. I will try to look up previous divorce cases in which a similar circumstance may have occured, (if it ever did.)

Oh, and 498A goes beyond a simple civil matter, and implicates relatives of the husband.

 

498a is criminal case where complainant is praying for "punishment for alleged acts of cruelty."

Divorce case is civil case where petitioner prays for "dissolution of a marriage". So only husband and wife can be party to the case. 

Rishi kumar   03 July 2017

Yes, Raveena Kataria,

here, the daughter in law has needlessly accused my mother who was always by my wife's side. I asked the question as, in court cases it has to be proved that who is telling lies or who lies the most. Just to prove that point. If any section is there, and my mother crosses her , my wife will have to vanish from the court. So thoughtlessly  she has lied. 

Wife began her accusations by alleging it was a shared household when it was not. Like that so. Many lies and only lies.  Iam not a lawyer and my brush with law is only an year old. So hoping to speed up the case with all these. That's all.

In case my mother can't , can I cross examine my wife? Do I need to put up an application? Kindly help.

Raveena Kataria (Advocate )     03 July 2017

I am well aware, Sachin. My assumption purely arose from the fact that the wife had filed a DV case under 498A which also involves the relatives of the husband. The questioner is stating, "she has accused my mother in almost all of the false charges that she's cooked up."

However, and I address you now Rishi, even if your application fails, you can of course have your mother as a witness in the proceedings.

Rishi kumar   03 July 2017

Thank you Raveena

Raveena Kataria (Advocate )     03 July 2017

Also, I'm surprised no one has mentioned on the post by now, but now you have excellent grounds for obtaining divorce on basis of the false complaint which amounts to cruelty; there would be no need for further evidence. (Her contradictory claims would have discredited her case.)

Sachin (N.A)     03 July 2017

Originally posted by : Rishi kumar
Yes, Raveena Kataria,

here, the daughter in law has needlessly accused my mother who was always by my wife's side. I asked the question as, in court cases it has to be proved that who is telling lies or who lies the most. Just to prove that point. If any section is there, and my mother crosses her , my wife will have to vanish from the court. So thoughtlessly  she has lied. 

Wife began her accusations by alleging it was a shared household when it was not. Like that so. Many lies and only lies.  Iam not a lawyer and my brush with law is only an year old. So hoping to speed up the case with all these. That's all.

In case my mother can't , can I cross examine my wife? Do I need to put up an application? Kindly help.

 

Yes you can cross-examin your wife. but not your mother because you are the party in the case.

You can say it orally or if you want to file application you can take the format of application from my profile.

Here is the link

https://www.lawyersclubindia.com/share_files/Application-for-appearing-party-in-person-9443.asp

 

1 Like

Rishi kumar   03 July 2017

Thank you Sachin.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query