Divorce
kiran
(Querist) 01 August 2009
This query is : Resolved
Hello Sir/Mam,
I am undergoing a divorce and currently the case is at the stage of Cross examining the Petitioner(Myself).
Issue : On the day of cross examination in front of the Commissioner(Lady advocate), the Respondent(My wife) was present but their lawyer was absent. Subsequently, there was no cross examination and the commissioner wrote a letter saying due to absence of Respondent's lawyer the Evidence is being closed.
And I signed on the same letter, but Respondent refused to sign the same.
Question: Hence, I would like to know
1. Can we use such action to our advantage
2. If this action of Respondent and their lawyer could be favourable in my case.
Also, please let me know your suggestions on proceeding further.
Thank you in Advance.
Sarvesh Kumar Sharma Advocate
(Expert) 01 August 2009
yes,
you ofcourse have the advantage.
and if the respondent is not appeal that order then on the stage of judgement it will be concider.
my suggestion is this that-
proceeding is going on so go to the court regularly and watch the case deeply.
Kiran Kumar
(Expert) 01 August 2009
well the court, in my opinion, can record the fact that the opportunity of cross examination was given but rendered NIL.
he may or may not file the revision againt such an order, he may get an opportunity for cross examination provided he goes into revision against the said order in High Court.
if he does not get so then u ll be in advantageous position.
G. ARAVINTHAN
(Expert) 07 August 2009
If you are right, then the Lady Commissioner might recorded that your wife, the respondent refuse to co-operate with the proceedings... The Court deem to consider the same as absence of the respondent on the said day. Literally it is the right thing.
It is definitely, advantage for you
Manish Raghav
(Expert) 07 August 2009
It is very advantageous to you as your affidavit stands as you have submitted.
kiran
(Querist) 07 August 2009
Thank you guys.. This post really help me get a positive note out of it.
And as you guys said, My cross examination has been referred as NIL and the evidence is closed as well.
Question:
1. How long does the Respondent has to re-open the evidence?
2. What if the Respondent's lawyer again refuse to conduct a cross examination after re-opening the evidence?
Thanks again, in Advance.
Kiran Kumar
(Expert) 12 August 2009
well Kiran,
if the opportunity was given and the cross is not conducted....then there are fewer chances of its being reopened unless and untill the petitioner shows that her lawyer did not act according to her instructions.
she will have to approach HC by way of Revision Petition under Art.227 of the Constitution of India with in 90 days i think to impugne that order....better u c the concerned HC rules and orders.
if again refused to conduct the cross....then u better know the consequences....things go in ur favour.
