Ravi (a) 20 January 2015

wife's cross & evidence exhibit

dear experts - my wife submitted her affidavit / chief. next hearing is the cross.

i have collected all the documentary evidences both paper and video/audio recordings. please clarify the questions i have

1. basically, how cross happens and how to submit evidence of her lies?

2. should i carry all original documents and submit the evidence to judge for every question my lawyer asks wife during cross in the next hearing?

3. how to present electronic evidence? should i take CD, laptop, amplifier and show these evidences? or what's the detailed procedure. please clarify

4. i got a document by searching wherein she mentioned in her own handwriting stating she was so happy to see the garment that i bought on a particular date. she also mentioned her signature on it with date. should i submit this in divorce case or DV/498a case?

5. my wife has been delaying in DV/498a since 4 years, not coming for evidence/chief but in my divorce case she submitted her affidavit as she is the respondent in my divorce case quickly? what's the mind game behind this? i am not able to analyze. please explain.

6. should i submit my payslip for dertermining the alimony to her if i get divorce? or not needed?

7. if divorce is not given to me, should i still bear the alimony cost and pay the money to her?

Reply Follow

1 Replies

RS (PA) 20 January 2015

hi Ravi

Since you are petitioner your cross will begin first. you have to submit your evidence or list of document and your claim affidavit first.

you first need prepare list of document based on your petition. identify all document and create of list of document , make 3 copies of it.

then you need to create your claim affadavit i.e based on your petition and list of document you have map two document

for eg in your petition you would have stated at para x : some charges against her and list of document has related evidence at page xx of List of document

you claim affadavit : you will rewrite the point x and at the end you will say refer to Annexure xx(list of document) at page xx for reference

you have to map entire petition accordingly. this is job of lawyer.

if you have evidence against her , you dont have to produce now , produce that during her cross to nullify her claim. at this stage only submit evidence that you is related to your petition. her allegation are for her to prove right. so when you are doing her cross use proof against her as weapon to prove that she is laying.

your need to prepare your lawyer with question on each and every point of her. do not miss a question for a single allegation made by her without fail . make a list of question and subsequent proof , when your wife replies , provide the document in court to nullify her argument.

let the court ask you to provide evidence in electronic format, if required make CD and give one copy in court but only as part of cross and not before that

point no 4 is irrelevent , does not have any substance.

divorce cases run faster than crimal case , she does not have a choice but to respond else you will get ex-parte order , there is no mind game , there is fear as simple as that

is alimony asked ? do not produce anything unless asked for. let her make claim first

there is no alimony if there is no divorce , however court may grant her maintence if she has filed

right now your objective is to prepare for your cross first , as this will begin first . your cross cannot start unless you submit your Evidence and claim affaidvit