Ajay Sharma (NA) 23 December 2013

Importance of child as witness in domestic violence case

Hi,

DV and divorce case has been filled by wife against me, we have two kids aged 14 and 11. Yesterday during counselling under divorce case, counsellor had called my kids, both kids took their mother's side and painted me as villain in whole story. Counsellor told me that I should be cautious as these kids will also speak in a similar tone in front of Judge.

I have the following queries:

- Can my wife put minor kids as her witness?

- Is cross examination of kids allowed??

- How much impact can the kids testimony have on my case?

Regards,

Ajay

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2 Replies

Laxmi Kant Joshi (Advocate ) 23 December 2013

Ajay the witness of a child is admissible in the court proceeding , if he / they understand the question for which they have to give answer , yes they can be cross examined by the respondant , witness of your child in favour of your wife give strengthen her allegation .