Raju (Senior Executive) 31 January 2016

False affidavit

In one of the cases,:

1. The wife moved the HMA under S.13 seeking divorce and legal expenses, and any suitable compensation as deemed fit by the court......Is alimony specifically to be prayed for ?

2. In the plaint she wrote that husband side demanded dowry before marriage and cash was given on the day of marriage - no specific details about amounts etc.

3. In the examination in chief she told that since she did not bring dowry so she was harrassed by the in laws.

4. In the affidavit filed under DV act (later) she told that Rs. 5.0 lacs cash was given by her father after selling her house?

The fact is know point mud slinging, but fake stand taken by her, what to do ? her cross is coming soon, what to ask her ?

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4 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 31 January 2016

The questions to be determined in a cross examination depend totally and entirely on the natur of the examination in chief. Too elaborate to explain here. Focus in pointing out contradictions and extrapolations.

(Guest)

cross examination is done in the way so as to weaken the plantiff/complanant stories to which they are poundering over. if you send me the copy of petition and chief i can help you with some of questions...

Raju (Senior Executive) 06 February 2016

Sirs, thank you for response. in the peition under HMA13, she wrote many allegations, but in the chief she did not cover all the allegations of hma 13. but she gave affidavit also along with hma petition.

so please tell me if she to be cross on all the points wrtitten on petition or only on chief bayan..

thanks in advance for your time.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 06 February 2016

as long as you have denied the said allegations in the written statement filed by you , there is no need to cross examine on aspects not mentioned in the examination in chief