Forfeiting cross-examination of wife
Background of the Cases:
My wife had filed a Domestic Violence Case in District Court and a Restitution/Maintenance case in Family Court in 2015. In 2017, we had filed Mutual Consent Divorce case (unconditional without alimony) but after six months,on last day, she withdrew the MCD petition. Currently, I have to pay Rs. 12,000 monthly maintenance.
My question :
--Wife is continuously absent for Cross Exam in DV case, though she had given Evidence Affidavit in Nov 2016. Court had warned her to be present around 5 months back but due to reasons like exams, illness, she is remaining absent for past 4-5 dates.
My advocate is planning to submit application to forfeit her cross and close her evidence without cross. What would be consequences of it? Will it be beneficial?
Or should I wait for her and take her cross? What will be better to expose her lies?
--In Family Court,
As wife has got details of my changed job, during her evidence stage, she requested court to summon my new employer. Court has summoned my employer on next date. In MCD application affidavit, wife had mentioned to forgo any right on past or future maintenance. but as she knew I changed job, she withdrew MCD and now has my income details.
I will show expenses if she files revision of maintenance petition. But, case is getting too prolonged due to this, as court might now revise maintenance, I may appeal against it and so on. Wife has Master degree but not doing any job. How should I handle this case? How can I stop court from revising the maintenance?
Asked 6 years ago in Family Law
Religion: Hindu
In family court Wife has filed below cases:
1) Petition A - Restitution of Conjugal Rights (Section 9 of HMA)
2) Petition C - Maintenance (Section 18 of Hindu Adoption Act)
3) Petition F - MCD (which Wife took back on last day after 6 months, here she had given up on past/future maintenance/alimony)
Recent Status:
In family court, court had summoned my new employer, so employer submitted my income details. The Evidence part of wife is now closed. Now, my Evidence part will start from next date.
My question is: Whether I should give my income-expenditure details in the Affidavit ? Also, how effectively I can use MCD petition which she took back without proper reason (MCD was unconditional)
Asked 6 years ago