• Few details required on bigamy case

Case back ground :  I am 32 yr old girl fighting a bigamy case+DH case. 
I was cheated in a arranged marriage in 2011  by boy's family , after marriage I got to know that the boy was already married , I found a marriage registered copy ( of his first mrg) in cupboard . Later in court I filed for null n void and have got the N&V letter from the court in 2013.
Now the bigamy case before charge evidence has been done on Jan 2nd, and the boys lawyer had asked for a cross on Feb 27th but he decided not to do it and the court will be charging them on 13th of March 2015.
As per my lawyer after charging i will have to give the evidence once again then his lawyer will do the cross.
Currently i work in Singapore and i have to travel just for this case.
As a  next step can i ask my lawyer to produce the evidence like the statement from first wife & the member of vivah karyalaya as a proof before their  lawyer does cross examination me?

Also in N&V case we have already called his first wife and her statement and cross has been done  where she has already mentioned about marriage as per hindu dharmic procedure like saptapadi etc do we still need to call her in this case too? The boyis now deneying the first marriage and admits my marraige .

(I am currently working in singapore and before charging them their lawyer asked for a crossing but when i went their he cancelled it saying he doenst want to do cross now and can charge the case against the boy&his family)

The lower court really dint bother doing anything about this case for few yrs and finally i had to write a mail to law of Justice who sent a notice to lower court asking for the case status and hence finally the lower court is bothered doing some movement on this case.and i dont want to delay this case from my end but at the same time again going to india in few wks is difficult as i cant take repeated leaves. so can i ask my lawyer togo ahead with the other evidence before asking for the cross examination by opposite lawyer?
The case is filled in a small taluk place in karnataka and i have the best lawyer possible in that area but suggestions from you all will help me to fight the case.if you can share your numbers i am happy to call you to discuss this too.
Asked 3 years ago in Criminal Law from Singapore
Dear Querist

File your written evidence by way of affidavit along with all the documents, the court will fixed the next date for cross examination of witness and on that day you can appear before the trial court and after cross examination your work will be done and the remaining part of the evidence or procedure as cross the opposite party or argument can be handled by your lawyer.

you can get my detail from admin and call me whenever you want to talk to me after getting appointment over the mail or call.
Nadeem Qureshi
Advocate, New Delhi
4875 Answers
224 Consultations

4.9 on 5.0

1. I regret to inform that the case has started to move at the wrong time .

2. Since the trial has commenced you have to give your testimony first and thereafter other witness may come.

3. Without recording your evidence other witnesses, if any. can not be examined.

4. Hence you have to be physically present when you would be called as witness.

5. on initial 1-2 dates you can apply for adjournment but thereafter you have to be  present.

6/ In bigamy case your evidence on affidavit can not be accepted.
Devajyoti Barman
Advocate, Kolkata
13114 Answers
174 Consultations

5.0 on 5.0

1. Your personal presence is indispensable for the evidence to be taken. You have to under all circumstances appear personally in the court on the date appointed for hearing, failing which a warrant may also be issued against you.

2. The statement of his first wife which had been recorded earlier in the nullity case can certainly be used in the court in accordance with the law.

3. It is the prerogative of the party to give up cross-examination. 

4. It is not possible to believe that a Minister of Law and Justice could have directed a court of law to do or not to do something in a case before it. I have not seen or heard something like this happening in India. The executive cannot and does not interfere in the functioning of the courts. So rest assured that if the court is now acting in the manner desired by you it is because of the procedure of law and not because of an instruction from the executive.

5. If it is not possible for you to appear in the court on a given date then your lawyer can request the court to adjourn the hearing to some other date, a request which the court will ordinarily accede to. However, you will eventually have to appear.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

1. The statement of his first wife and also her marriage certificate are certainly valid evidence which can be filed before the Court while submitting evidence,

2. Your presence is mandatory for being cross examined,

3. In fact you were to be examined by your lawyer then cross examined by your husband's lawyer. Has your examination been over?

4. This is the usual ploy taken by craftu lawyers to defer the matter purposely since it is known that it will be a harassment on you if you are to repeatedly come to India from Singapore for the case,

5. Your lawyer should have objected for your husband's lawyer's request for not cross examining now,

6. Your lawyer should have insisted or should insist that it will be the last chance if you are asked to appear next time for the said cross examination.
Krishna Kishore Ganguly
Advocate, Kolkata
18740 Answers
452 Consultations

5.0 on 5.0

1. You have stated "i had to write a mail to law of Justice who sent a notice to lower court asking for the case status and hence finally the lower court is bothered doing some movement on this case",

2. Who is the law of Justice? Did you write to the Chief Justice who accepted your mail an complaint/application and acted accordingly? Was it was minister of Law? If you had written to Minister of Law, then please note that he has no jurisdiction to direct the lower court or any court for any matter,

3. However, ask your advocate to be alert about the proceedings and let te proceedings flow as per the norms,

4. Ask your Advocate to apply for providing evidence through Video conferrence which may be allowed by the Court if the infrastucture available therein permits such vedio conferrence,

5. Since you have already engaged an Advocate of repute, act as per guidance/advice.
Krishna Kishore Ganguly
Advocate, Kolkata
18740 Answers
452 Consultations

5.0 on 5.0

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