Hi all
I had my cross examination yesterday in the maintenance filed by wife. Mostly stuck to yes /no quesitons. I have the following queries. Appreciate your help in guiding me
1. In my Chief Affidavit, i provided list of all investments , savings, bank accounts etc on her name. All the while the judge and the other party were saying " she has XXXX Rs on her name but cant even enjoy even a rupee so whats the use". During my cross, this point was never asked. Still i went ahead and told the judge that my wife can actually encash her matured FD right now which amounts to10% of the total amount on her name. This was not recorded. On further thoughts i realized she could have utilized all the funds at her disposal. In my closing arguments, can i bring this point again and reiterate she was always free to use the funds at her disposal, but she didnt do so intentionally? And request the judge specifically to record this point?
2. In the final arguments, who will go first- the petitioner or the respondent? And if the other party objects to the above, can i say its not a new evidence or fact and they were always there for their evaluation?
3. The last question was " you are earning XXX amount and your wife has asked for YYY amount for herself and your son. You are capable of paying this. Will you?" to which i said " I will not but i am willing to take her back" - is this something that can weaken my case?
4. My wife's side says she was not aware of the funds on her name, However, there are multiple transactions in her bank accounts. In the closing arguments, can i highlight this and say this proves she had the knowledge of funds in her name?
5. On a particular topic if my wife says two different things on chief affidavit and her cross examination, which one will be held relevant? e.g. in her petition and chief affidavit my wife says she filed maintenance to sustain herself but in cross she admitted that she filed the maintenance in response to my RCR. Can I request dismissal of the petition based on what she said in the cross examination?
TIA
