Kumar 04 January 2021

Reusing 498a cross exam report on crpc125

Hello Sir,

My wife filed 498a and Crpc125. Already 498a cross examination has been completed. There are lot of contradictions berween her 498a complaint and cross examination report. These contradictory statements from my wife will be helpful for the Crpc125. Can I reuse the 498a cross examination report for CrPC125?. Basically, Can I submit the 498a complaint and cross exam report along with the affidavit prepared for Crpc125?

Thanks

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Quick Summary

This discussion explores whether a cross-examination report from a 498a case can be used in a CrPC 125 case. The consensus is yes, you can submit statements made by your wife during the 498a cross-examination in the 125 CrPC proceedings. To effectively use these contradictions, you must confront your wife with the document during her cross-examination in the 125 CrPC case or make relevant suggestions to her.

2 Replies

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 ) 11 January 2021

YES YOU CAN PLACE STATEMENTS OF YOUR WIFE RECORDED DURING CROSS EXAMINATION IN THE TRIAL OF 125 CRPC. SUCH STATEMENTS ARE RELAVANT AND ADMISSIBLE IN EVEIDENCE AND COURT IS BOUND TO APPRICIATE IT.

Adv. Mohit Chahal (Advocate) 28 March 2021

certified copy of oral evidence of same person recorded in 498A IPC case may be produced in 125 CrPC proceedings to prove contradictions but you need to confront your wife about the same document during her cross examination in 125 CrPC case or atleast made relevant suggestions to her in 125 CrPC cross examination.

Regards
Mohit Chahal
Advocate
District Courts, Hisar
9968911099