• Can husband do cross of opposition party in DV case

Hi , 


i am facing dv and maintenance case. my lawyer is technically good but weak in communication skill and doing cross

i am planing to withdraw him from case on cross date by giving noc and ask judge to allow me to do cross of opposition 

1) can i do cross 

2) i have voice recording of her of around 2 min in length can i play that in court . will judge allow me to play audio in court ?
Asked 7 years ago in Family Law
Religion: Muslim

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29 Answers

1. A person can handle his case on his own but he can do part of the case by himself and then rest by his lawyer. if you do then you will have to handle rest of the case as well.

2. Playing of audio or video is not permissible. During trial it is permissible but there is a tedious technical procedure to produce audio tape during evidence.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

You are at liberty to cross examine your wife if you do not want to engage a lawyer

2) you have to enclose transcripts of your conversation in your reply and documents relied upon you

3) it has to be proved that voice is of your wife and not manipulated or tampered with

Ajay Sethi
Advocate, Mumbai
99930 Answers
8157 Consultations

Firslty, Sir, you have all right to change your lawyer.

Secondly, but, after that judge may give you some time to arrange a lawyer for yourself as you are not allowed to argue the matter at any stage.

Thirdly, you may also take the help of the legal aid of court to have a new lawyer.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. If your lawyer is not good in cross then how do you suppose you will be better than him. Lawyering and conducting cross examination is not about communication. You have to be a trained legal mind even if you are not good in communication. So if he is not good then engage another lawyer instead of doing it yourself.

2. Voice recording will not be allowed to be played in the court but you can give its transcript to the court and rely on it in your evidence.

Ashish Davessar
Advocate, Jaipur
30843 Answers
981 Consultations

1. Yes you can do cross if you appear as party in person and do not engage lawyer.

2. You can produce it with permission of court as evidence with 65B certificate further can play it at time of cross.

But I would suggest.you engage a good advocate.for gross rather then going all be urself.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear,

As you say you are planning to withdraw him from case, then you are eligible to handle

your case, take noc from your advocate.

Better you present transcript copy of that voice recording.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

Hello sir , a lawyer can only do cross - examination in court ..The audio recording can be played , and exhibited,if you want to cross -examine her upon such voice recording

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

hello,

generally, a counsel does all the arguments and cross in a court. if you are not satisfied then change your counsel, as there are certain legal points which a good counsel knows. the art of cross-examination is not easy and comes with experience. but if have the confidence then go ahead. you have to inform the court that you would argue your case. a transcript of the audio should be made and filed with an affidavit stating that it is the true copy of the audio.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes you can cross examine the witness. The judge will allow it.

Yes you can play the voice recording in the court. You have to put a question to her with respect to which you will ask to play the voice recordings. The question can be whether such conversation happened or is it her voice, depending on the facts and contents of the recording. Make sure you are carrying the original voice recorder and a certificate under section 65B of the Indian Evidence Act. Also carry your laptop in the court, since not all courts are equipped with the same. Make sure that the sound quality of the laptop is good and if in case the sound is very low, carry a portable speaker for the court's convenience. Also carry the exact word to word transcript(at least 3 copies) of the recording that you wish to play in the court.

Shailesh Poddar
Advocate, Delhi
48 Answers

yes you can do the cross.

first file your CD of recording along with section 65 B Indian evidence act to prove the same before the court then only you can play and take benefit of the same in the court.

Jai Bansal
Advocate, New Delhi
198 Answers

1. if party is represented by a lawyer, then the party cannot personally do the cross

2. you can engage a good counsel though who can do the cross on instructions of your lawyer and you

3. voice recording will not be accepted as evidence unless it is accompanied by a 65B certificate

Yusuf Rampurawala
Advocate, Mumbai
7913 Answers
79 Consultations

You can engage another lawyer for cross examination by obtaining NOC of current Lawyer

Ajay Sethi
Advocate, Mumbai
99930 Answers
8157 Consultations

1. Noc not needed

2. You can msg ur lawyer informing that u want to discharge him

3. Ur lawyer can show that letter to court and seek discharge from matter

4. U can appear on cross dates for cross

5. U can later reappoint your lawyer by signing fresh vakalat

Yusuf Rampurawala
Advocate, Mumbai
7913 Answers
79 Consultations

1. Even without withdrawing your lawyer, you can cross him when your lawyer will not be present in the Court on the ground of sickness. You can do the cross examination after taking leave from the Court.

2. You shall have to first submit the said voice recording in pen drive or CD as digital evidence and then take the Court's leave to pay the same. It is not advisable to replace the Advocate by yourself for any legal act since it is a highly specialised job which should be left the specialists only being your lawyer.

Krishna Kishore Ganguly
Advocate, Kolkata
27735 Answers
726 Consultations

1. As suggested in my earlier post, you need not take any NOC from your lawyer if you want to conduct the cross examination yourself.

2. Your lawyer shall be absent on that date and you shall take the leave for conducting the cross examination yourself.

3. Your lawyer will resume his attendance and appear for hearing of your case after your cross examination is over.

Krishna Kishore Ganguly
Advocate, Kolkata
27735 Answers
726 Consultations

1) can i do cross

A. Yes. You can cross examine your wife, if you want. But, your lawyer should not appear on, that date and you would also need to seek permission of the presiding officer to do the cross examination yourself.

2) i have voice recording of her of around 2 min in length can i play that in court . will judge allow me to play audio in court ?

A. You'll have to file a CD in court along with the transcripts of the entire recording as no voice recording can be played in court, without taking permission for the same for which a procedure has to be followed.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

is it possible on cross date i submit his noc and late same lawyer can be engaged with new vakalat mama from myside for rest of proceedings?

A. You do not need any NOC as you are a complete Liberty to conduct the cross examination of your wife yourself,if you don't want to get represented by an advocate.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

It is possible.

Ashish Davessar
Advocate, Jaipur
30843 Answers
981 Consultations

Dear,

Yes you can.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

1. Yes, you can go ahead with your proposed cross examination of the opponent.

2. This will not be allowed unless you produce the same by adopting the procedures as envisaged in the section 65B of Indian evidence act.

T Kalaiselvan
Advocate, Vellore
90131 Answers
2503 Consultations

s it possible on cross date i submit his noc and late same lawyer can be engaged with new vakalat mama from myside for rest of proceedings

Yes, you can execute your strategy, there is no legal infirmity in it.

T Kalaiselvan
Advocate, Vellore
90131 Answers
2503 Consultations

hello,

the lawyer can file his NOC and then either you can request that you would do the cross or can engage a new lawyer the same day.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Both can do cross but ensure that his assistant has also signed the vakalatnama

Regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

In absence of your lawyer his assistant can do cross examination

Ajay Sethi
Advocate, Mumbai
99930 Answers
8157 Consultations

Yes advocate can give noc and later on he can be engaged back in the proceeding but that gives a wrong impression in court. But still you can legally do it,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes they both the assistant if he is advocate and his vakaltnama is there he can also assist and can ask questions in cross examination.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

They both cannot cross examine the witness at a time, the other one can examine the witness while one of the lawyers is just watching.

Only one lawyer who is a counsel on records can cross examine the witness.

T Kalaiselvan
Advocate, Vellore
90131 Answers
2503 Consultations

1. Senior Counsel shall have to lead the argument.

2. With the leave of the Court he can ask his junior to cross examine the opposite party.

Krishna Kishore Ganguly
Advocate, Kolkata
27735 Answers
726 Consultations

Both your lawyer and his associate can cross examine the witness provided bodar vakalatnama is have been filed.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

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