I filed a divorce based on Cruelty , was slapped with Maintenance under CrPc 125 Respondent filed Objection and Counter to my Divorce case after nearly 2 years , and there has been many self-contradicting and easy to prove false statements provided in the proceedings. Question =============== 1. When should I bring up these contradicting points ? Is it during my cross-examination in Maintenance case. What I fear is she might say , Erroneously she has put the wrong dates/incidents. What can I do to expose her without giving her a chance for clarification ? 2. During my cross-examination if opposition advocate doesn't touch upon the controversial points , How can I put forth my point to the Judge ?
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1) Don't put points yourself unless it's asked to you.
2) Both cases are running simultaneously in same court or different court or under dame case id or different id ?
3) You have to answer in court in a such a way that you need not pay heavy maintenance amount.
1) you should bring these contradictions in cross examination
2) your lawyer can confront your wife during cross examination with the contradictory statements made by her
1. Yes but in the cross examination of your wife and not yours.
2. Do not duel upon much on those contradictions except to get her confirmation on statements which are contradictory with each other.
3. If her cross examination is over then you can highlight those during argument only.
Hello,
You can say it at the time of your chief being conducted by your lawyer.
Regards
My Wife's cross examination for Maintenance case is over but pending for the Divorce case. Divorce case running as CPC and Maintenance as CrPc in same court. - What happens if I highlight all her contradictions during my cross-examination in Maintenance case , then she says its a mistake on her part and rectifies the same during Divorce hearings.
The contradictions si to be extracted from her evidence and not yours.
1. In reply to her counter rejoinder can be filed.
2. Further you can cross her in case to dispute her raised objections not in your cross but in her cross.
You need to cross examine and bring all the facts. You can seek permission to common cross examination in both cases if same are before the said court.
It would depend upon nature of the contradictions
you can oppose wife application for amendments t of petition in divorce case as it would adversely affect your case
1. There can be no straight jacket formula to answer a question of this nature. Depending on what the contradictions are they can be exploited during cross or arguments.
2. Your lawyer alone can decide this as he has perused the pleadings, which we have not.
Hi,
The pleas of mistake on her part would not be accepted by the court and you are suggested to bring all the strong points in you favour so as to allow the court to take proper decision after analysis of all the points.
1. It is routine for the opposite party to deny yor allegations in their counter to yor main petition, you just ignore them and concentrate in your divorce case properly.
2. She will step into the witness box for deposing defence witness evidence, you can extract the contradictions at the time of cross examination of defence witness.
3. Let the trial begin and then you decide about what is to be done on this.
First of all your witness evidence deposition is not yet completed, you better depose evidence and then answer the questions revised by the opposite lawyer during cross examining you, you will find lot of issues at that time because you yourself nay not be in a position to establish everything whatever you wanted to say before court, better consult your advocate and perform better before court while depression evidence.
