My wife is mentally sick ( compulsive liar) and i have no proof of it, it was hidden from me and she stayed only for 6 months back in 2015, The only way is that she currently filed complaint against by stating me as EX husband , while me still be her husband, once she did a big u turn in family court and called judge a liar, which is recorded in daily order, plus she has changed over 12 lawyers now. Also she lied to police officer currently and also to previous officer stating my child is on death bed with cancer which wasn't true. There is contradictions every where, she is trying to fill in the gaps. NOW 1....My wife filed for divorce, her cross examination is over , i made application for further cross but it was rejected. I have tendered my statement affidavit. My contention is that my wife is mental, ( compulsive lying) however I cannot prove it in any way except asking questions from her. I have filed my affidavit on last date according to reply which was according to her plaint (but i can still file further affidavit as my cross hasn't started yet),. So this point was never raised. How can I go about it. ? 2...her sexual harassment against FIL is currently going on.... I can ask those question now which might prove her mental state. But her lawyers object in each and every question giving her time to react. I would need a judgement which gives me freedom to ask anything from DV or 498@, or 354 or any other connected case, if i am allowed that, it will solve the purpose. PLUS a judgement which restrains her counsel to object each and every time , because it renders entire cross examination fruitless. Please provide revelant judgment and law so that truth is unveiled. Afterall it's courts duty to find out underlying problems rather than just adhering to procedures. 3 Can I file annulment in currently going divorce and ask for medical examination. She is employed and earning but that doesn't reflects her mental stability but only her earning capabilities. 4....Custody is still not decided. Child is 6 and never allowed to see the child, she filed more than 7 cases. Can I file and ask those questions then but it would be too late. 5... She filed 498@ back in 2017 but chargesheet was filed currently in 2023, dv has same allegations. Can I get it quashed , i mean she can ask those questions in dv anyways or in hma. 6. Can I use this in family court to reopen cross exam or in 354a against father or in dv which is also going on. 7. Please provide relevant judments or citations or law part only. Or any geniune advise, there can't be compromise as she demands 5 crores and i have already exhausted that Avenue.
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File suplmentary affidavit of evidence
2) you can in cross examination ask her questions as to criminal cases filed by her
3) you cannot file for anullment of marriage now
4) seek interim visitation rights
5) you can file for quashing in HC but quashing is done only in exceptional circumstances
6) no need to bow down to pressure tactics
7) no need to pay Rs 5 cr demanded by her
1. If you have already filed an affidavit you may not be permitted to file additional affidavit without being examined.
2. You cannot ask any question on the any subject pertaining to other matters in this divorce case.
If she has told something else in the criminal case you can get it falsified during the cross examination of that case.
If the opposite lawyer is constantly raising objections during cross examination you can inform the court about his unnecessary interference.
3. Annulment is not maintainable at this stage especially without any supporting documents.
4. You may have to confine to the subject before you alone.
You can seek the relief separately by filing child custody case.
5. No is the answer and for the next question too.
7. You can get judgments by browsing the internet or through your lawyer.
You can file further affidavit if the facts in affidavit were not in your knowledge during filing your WS
yes you can ask such questions
you can file if you have limitation
you can file custody petition separately
yes you can use it to reopen only if you have valid grounds
- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- Further, according to Section 146 of the Evidence Act, the cross-examining party may ask any question(s) to the witness to examine his credibility, to understand who he is and his role, or reduce his credit by harming his character, and the witness has to answer all the relevant questions asked to him.
- Hence, if her lawyer is interrupting at the time of cross examination , then you can produce an application under this section before the court .
- Further, if she lie before the court and given false information , then you can move an application under section 340 CrPc for taking legal action against her after lodging an FIR.
- Further, you can also approach the High Court for quashing the cases filed by malafidely.
Dear client,
If you want to raise the issue of your wife's mental health in court, you may need to obtain a medical opinion from a qualified expert to support your claim. However, the court may not consider the issue of your wife's mental health unless it is relevant to the case, and even then, the court may be reluctant to rely on unproven claims.
During the cross-examination, you can ask questions that are relevant to the case and that will help you prove your case. However, the court may disallow questions that are irrelevant or are intended to harass or embarrass the witness. If the judge deems a question to be irrelevant or inappropriate, the judge may sustain an objection from the opposing counsel.
Annulment is a legal process by which a marriage is declared null and void. In India, annulment is available only in limited circumstances, such as when the marriage was not consummated or was entered into under coercion or fraud. Mental illness is not generally considered grounds for annulment. If you want to seek a medical examination of your wife, you would need to have a valid reason for doing so and obtain a court order.
If custody has not yet been decided, you may have the opportunity to ask questions during the hearing or trial. You may also want to consider hiring a lawyer to represent you in the custody proceedings.
Whether or not you can get the 498A case quashed will depend on the specific circumstances of the case. You would need to consult with a lawyer who is familiar with criminal law to determine your options.
If you want to reopen cross-examination in family court or in a 354A case, you would need to have a valid reason for doing so and obtain a court order. You may want to consult with a lawyer to determine your options.
I am unable to provide specific case citations or legal advice. I suggest you seek legal advice from a qualified lawyer who can provide you with guidance based on your specific situation.
354 IPC against father in law, cross examination of complainant is still going on. 498a/406 is submitted to court now after 5 years and charges yet to be framed. Plus a seprate child attempt to abort and 354b upon husband is still pending in court but charges not yet framed. Now can I file 216 crpc or any other application in current case to bring everything under 1 umbrella. As like this we would never be able to get rid of the courts.
you can approach court to club all cases against you and give one date of hearing for all your cases pending in criminal courts in your city
They are all different cases under different provisions of.
Many cases are not taken on the files of court.
Let all the cases be filed before court, if all the cases are tried by the same court, you can request the court for putting all the cases for trial in the same date.
Yes you can do the same as aforesaid
Hi,
Section 216 of CrPC:
Section 216 of the CrPC allows the court to separate the trial of charges into different parts if they relate to different offences, even if they are based on the same facts. However, consolidation might require the consent of the parties involved, and the court's discretion is crucial.
Regards
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