Cross examination
rsraghukumar
(Querist) 14 May 2012
This query is : Resolved
sir
i filed null and void case to declare my marriage as null and void as girls first marriage is still in subsisting.
girl filed counter for my case by stating that there is no first marriage,she never married any body prior to this marriage. and in that counter she never raised the issue like there is no photographer or priest or eyewitness of first marriage (BUT NOW ASKING IN APPEAL)but she simply denied the marriage by saying first husband as stranger.
first husand band also filed Suit to declare my marriage as null and void.
there also girl filed counter by stating that there is no marriage between him and herself. but in this counter also she never raised the issue like there is no photographer or priest or eyewitness of first marriage.
i called first husband in my case as witness, he came his evidence. at the time of cross examination the girls counsel did not questioned any issue like who is photographer and his details, who is priest and his details, and who are the witnesses who are appearing in the marriage group photo and thier details. he just asked one question that there is no marriage between first husband and the girl.
first husband also face cross examination in his suit filed by him. there also the girls lawer was silent about photographer, priest, eyewitness of the marriage.
at the last stage of proceedings in the Suit filed by first husband, they filed written arguments and in that they raised about photogpher was not examined , priest was not examined, eyewitness were not examined etc.
sir when the gril is silent at the time of cross examination about those issues can she file the same in written arguments? if yes she can file means how can it possible to cross examine them after all stages are over in the suit proceedings.
more over the girls in both the cases that is in OP and Suit she was avoided to enter into witness box.
now in the appeal in my OP she is asking that there is no Saptapadi in first marriage by taking new plea. can they take new plea about saptapadi here in appeal sir?
can girl can take pleas in wirtten arugments about photographer, priest, eyewitness in written arugments when they are silent in cross examination? under what section they took this plea in written arugments? is it maintainable or not?
moreover girl has not filed any chief affidavit or entered into witness box.
V R SHROFF
(Expert) 14 May 2012
It all depends on how you prove her first marriage.
all questions u asked need be replied by ur adv.
Shonee Kapoor
(Expert) 14 May 2012
These things are discussed many a times.
you have a strong case. She can not remain silent, when a question is put to her.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 14 May 2012
Mr.Kumar,
Yesterday you posted the same subject in the thread Establishment of marriage,which was duly answered by the experts.Today this is a new thread.
