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Siv (engineer)     21 September 2012

Need advice on trail of 498a of ipc

Dear All,

I need advice to corss examine the allegations that says:

 

Allegation:

The husband is given Rs.2,00,000/- money, Rs.80,00,000/- worth land property and 900 grams of gold at the time of marriage of wife.

 

Kindly let me know the critical points that would be applicable to cross examine the wife on the above point. 

 

Thank you.



Learning

 8 Replies

Never Give Up (Fighter)     21 September 2012

In the cross examination questions can be asked to Father in law

Part1

to whom dowry was given

How many people were present

What were denomination of notes ??

Tell me lands plot number etc etc and address  of the land  ( Is your name there in the property card of these properties ? )

How was 900 gms of gold , was it in form of b iscuits, jewellary, coin, etc etc. If it was jewellary why didnt you wore it in the marriage time ..

 

Part 2

like what does he do for liveli hood

how much is his monthly expense

how much insurance he has

how many car he has

How many houses you have

What does your son do for his livelihood

 

and then cross if you dont have so much income from where did you bring all this money ??? This is all lie.

 

Also consider filing Tax Evasion petition (aka TEP) , lots of formats are available on internet and see the fun. Income tax guys would run behind your father in law and make them run around.

Siv (engineer)     21 September 2012

Hi,

How does the question in the above post that says: What were denomination of notes ?? would be meaningful ... kinldly through light on this questions usefulness....

Thanks in advance.

Never Give Up (Fighter)     21 September 2012

If they have given money , they would remember denomination. If she takes more than a second to answer means your lawyer can say , see they have given money and they dont know which note they gave.

 

Further probe can be done by from which bank did you withdraw so much money, where are transaction entries etc etc.

 

P.S. I am not a lawyer, fellow 498a sufferer, trying to share the knowledge which i acquired so far..

 

Siv (engineer)     24 September 2012

Hi,

 

Appreciate the help you offered.

Vikrant Goel (fkhjk)     25 September 2012

i have passed through all situation related to 498-A, and fought against Hisar Judiciary for 11 years and 3 years trial period of cases as my ex-wife belong to judiciary family and she too working in Haryana & Punjab High Court and i feel cross examination is just an drama in indian judiciary and its judges are totally incompetent to pay justice to the innocent as a results lacs of cases are pending in the court and peoples has lost everything in fighting these case and finally found nothing then to compromise at cost of compensation to live their further life in peace which means judiciary can just give u loss of mental peace, loss of money & time and harrassment and not justice even though u have enough evidence to prove ur innocence. Most of the cases are filled in the judiciary is with an bad intension to harrass and claim money, and not for the justice which are supported by the judiciary and it is the innocent childrens and other family members of the man who suffers the most. i would like to ask all the experts what is over all rate of conviction in 498-A in india and what about the others who were found innocent and fake case. it was also agreed by the supreme court of india that more 95% case of 498-A are fake and even then these case r increasing day by day. I dont understand how can one protect women after filling fake 498-A case and what is the rate of rehabilitation of marraige afte filling 498-A.


i think u should just beleive in ur self and god, make sure u r not guilty of 498-A and fight untill the decision turns in ur favour. A man fighting against 498-A is treated as "Criminal" and giving up in favour of 498-A is treated as "Namard". The choice is ur's what u would preferr to be called?

Siv (engineer)     25 September 2012

Dear Vikrant,

 

What had caused the delay of proceedings for 11 years.... did you search for options to speedup the proceedings? where did oyu face problem in getting the speedy trail....

 

What were your cross examination questions on the dowry itmes allegedly given to you at the time of marriage?

Vikrant Goel (fkhjk)     25 September 2012

Let me tell u that 498-A (Dowry) was not the alone , my ex-inlaws r working in Hisar Judiciary who were supported by the Judges had approched DSP to charge me in IPC 354 (attempt to rape my ex-brother in law wife) when they failed to break my social reputaion and will power to fight against these powerful arrogant corrupt staff of Hisar Judiciary and my refusal to recognise their cheap attitude as their superiority. I was hanged in between so that i along with my mother can suffer and face difficulty in bringing up my two innocent childrens. some time i felt very angry and also felt like slapping these judges who were playing with my life and childrens future, but being a responsible father and a peacefull person i was not dare to do so. i kept my mind cool and believed in my self and never gave up against powerfull and fought untill they accepted my divorce. Though i had to pay money which was another cheapness shown by them but finally i relieved of their cruelty and now living in peace. 


(Guest)

Cross examination is a very tough Job. A large number of cases have been lost because of wrong questions asked during the cross. It will be better to let your advoacte handle the same.

The best trick for a cross examination is to ask leading question, which can be asnwered in yes or no.

You need to control the witness. It is really tricky.

The Value of Land and property is very high. If at all this was gifted, there must be some transfer documents. These documents are good enough to prove whether the allegation is true of false.

Questions starting with What, Why, Whom should not be asked, as they give a chance for the witness to explain, his case.

In direct examination you ask a question, the Witness explain the situation. For E.G: On 26/09/2012, Where were you?

In cross Examination you tell a Situation, the witness answers in Yes or No.

For e.g. on 26/09/2012 you were at Ice cream parlor. Answer will be Yes or No.

Frame your questions based on petition / complainant and exmination in cheif


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