Cross exam
RAMJI
(Querist) 20 January 2013
This query is : Resolved
In a MC case, Husb filed counter against MC of wife. Wife appointed an advocate. Husby has wish that he wants to handle the case as it is his personal life and he feels that he is competent. so far husb moved as party in person... Now, wife filed proof affidavit, her documents marked. Judge fixed next hearing for main exam and cross exam too....
Questions are as below:
1. Is it mandatory that husband should be assisted by an advocate or mucas curiae?
2. Can husband conduct cross exam as party in person?
3. Is there any limitation on number of questions / hearings for cross exam?
4. In the proof affidavit, wife has not given copy of salary slip or husbands income proof.. simply she has stated some hiked figure without proof....fact is husband is self employed ..IF SO CAN THE COURT ASK HUSBAND TO SUBMIT HIS INCOME PROOF THOUGH THE BURDEN OF INCOME PROOF IS WITH WIFE WHO STATED IN HER PROOF AFFIDAVIT WITHOUT ANY EVIDENCE DOCUMENT.?
kindly give your views / suggestions pls
regards
RAMJI
Raj Kumar Makkad
(Expert) 20 January 2013
1. He should engage a lawyer and first should get ex=parte order set aside.
2. if he is ex-parte then he cannot do so.
3. no.
4. yes if he joins the proceedings by setting aside ex-parte order.
RAMJI
(Querist) 20 January 2013
Dear Rajkumar sir
Thanks for quick reply... may i make it clear more now:
1. Exparte order was for DIVORCE AS PRAYED BY WIFE ... after 5 months of getting exparte divorce... wife filed MC as a separate new case based on the exparte divorce decree.....
May i request your suggestions now for above 4 questions pls...
Regards
Ramji
Raj Kumar Makkad
(Expert) 20 January 2013
If you don't post the facts of the case in one go, how can an expert anticipate the hidden facts as he is not an astrologer.
The petition filed by wife is not maintainable if she was petitioner in divorce petition which had been allowed ex-parte.
RAMJI
(Querist) 22 January 2013
Dear Rajkumar sir
I realized that i must have added this in my first query itself....sorry that i missed
Thanks a lot sir....
1. Sir, this non maintainability of M.C for an exparte divorce is mentioned in counter by husband.. inpsite of it , wife has filed proof affidavit and court is yet to look in detail at enquiry... pls advise.. should i once again submit this as addl counter or may point it during cross exam..
Regards
Ramji
Raj Kumar Makkad
(Expert) 22 January 2013
You can put this document during the cross-examination of her.
RAMJI
(Querist) 01 May 2013
Dear sirs
This is in continuation on the same case.... the update is AFTER FILING PROOF AFFIDAVIT BY WIFE, COURT FIXED DATE FOR CROSS EXAM BY HUSBAND in March 13, then husband wanted time.. so posted to April 13, again husband wanted time as there was another case on same day.... hence posted to 22 April 13 ( saying last chance).... THIS TIME ON 22 APRIL HUSBAND WAS PREPARED TO START CROSS AND EXPRESSED READINESS IN OPEN COURT.... ALL OF A SUDDEN OPPOSITE SIDE(WIFE SIDE) ADVOCATE PRAYED FOR DATE.... COURT POSTED IT TO JUNE 13.....
My questions are:
1. Like this how many times court can post /adjourn the cross?
2. As regards husband, now it is right time to start cross so as to bring out the facts which will help him in another suit running parallely in the same court filed by husband against wife..... may be just to drag this.. now wife side advoate is asking for dates for cross on MC case....
So, i want to know IS THERE ANY WAY THAT I CAN PRESS THE COURT FOR START UP OF CROSS ( SAY BY WAY OF MEMO / REQUEST BY QUOTING ANY
SECTION IN CPC /FC ACT ETC., ?. IF SO PLEASE GIVE REFERENCE TO SEC NR OR ANY IDEA TO CREATE RECORD FOR DISCOURAGING ADJOURNMENTS/ DATES.. ETC
3. Is there any way /possibility for the court to ASK HUSBAND TO SUBMIT PROOF AFFIDAVIT PENDING THE CROSS ON WIFES P.A?
4. Any other views /suggestions pls
regards
ramji
