Cross-Examination Language
SADASHIV
(Querist) 25 July 2010
This query is : Resolved
My ex- refused to face cross-exam during maintenance/divorce petition in Bandra Family court recently while grilling her on adultery charges/maint. petition, while she argued that cross should be conducted in her mother tounge i.e. Marathi. She is BDS(dr.), and already admitted in cross-exam of 498a earlier that she knows hindi/english language very well. Judge is also supporting her stand. She filed application to request for Cross in Marathi. I have to reply on 23rd August to this aplication. Please advise BEST way forward-
Q1. Can i hire translator?
Q2. Is it mandatory to conduct cross in mother tongue although she is BDS(dr.), and many of her aplication are in English in her own hand-writing?
Q3. How to defeat this trick of my ex- to stop from dragging the case while demanding 25L.??
I have 2 kids under my custody. My dau. is now 18yrs. Son is 14yr. I won 498a already. She is adulterous and my dau already deposed against her as eye-witness to her adultery. Greatly appreciate reply to end this dragging case more than 6 yrs now! Thanks!
-Sadashiv Vaidya at Abu Dhabi
Guest
(Expert) 25 July 2010
If she wants that the cross shall be done in Marathi, let it be so. Do not make an issue. the case will be further dragged on. Your advocate must be knowing marathi. Ask him to put questions to her in Marathi. Let the judge or as per his direction one of his staff will take down the questions and answers in Marathi. there is no need to take translator.
SADASHIV
(Querist) 25 July 2010
Thanks Prabhaker...My lawyer is Pillai- does not know marathi well. I can speak read and speak marathi, but never studies marathi in schools.
Q1. Can I translate the questions put up by my lawyer to my ex-??
Q2. How should I file reply to her application on request for conducting cross in marathi!?
Q3. I take your suggestion - then can i put in my reply to allow court to appoint one of Court's staff to translate questions of my lawyer to my ex- in marathi?
Any other tips! Thanks a lot indeed!
adv. rajeev ( rajoo )
(Expert) 25 July 2010
You file an objections stating that your advocate is not well versed with marathi, moreover your wife is well versed with english.
Yamalapalli Haribob
(Expert) 25 July 2010
I think ur wife is intending to dragon the matter for along period.i think ur wife also gave evidence in 498a case in english.you can file counterstating the facts.you can also take traslator help while ur advocate cross examine your wife to complete the case as early as possible.
Guest
(Expert) 25 July 2010
The judge has already came a decision that the cross examination has to be done in Marathi, according to your first post. Hence, objecting her request will drag the case and precisely that is what she wants. Hence, file a reply saying for the purpose of cross examining her, you will conduct the cross examination with the help of your advocate. The advocate put questions and you put the same questions in Marathi or other wise, the questions to be put can be prepared by you and your advocate a day earlier sitting in his chamber. In the court, as and when an intervention is required to put some more questions, your advocate would put the same questions in your ears. Or otherwise, for the purpose of cross examination, you can engage some other advocate, who knows Marathi with the consent of your present advocate. In your reply, you need not to request the judge to ask some of his assistants to take down the cross examination in Marathi. It is his job and head-ache, to get the cross examination reduced in writing either in English or in Marathi. Your job is limited to put questions in Marathi and nothing else and see that her answers are properly recorded either in english or marathi. do not allow to drag the case.
SADASHIV
(Querist) 26 July 2010
Gentlemen! Thanks to you ALL for valuable suggestion and guidance.
I have passed on the tips to my lawyers, and hopeful of crushing away the ugly hood of modern day surpankhas in disguise of wives...!! Any more guidance is most welcome...!
Guest
(Expert) 28 July 2010
Calling life partner as modern day suparnakha on the public forum is not at all in good taste. By saying that you are insulting your mother, my mother, your sister, my sister, your daughter and my daughter. Very sorry I gave a legal advise to you.
SADASHIV
(Querist) 29 July 2010
Dear Prabhakar, probably you have not gone through the pains and unquatified sufferings of innocents husbands who have been falsely and intentionally framed and JAILED by misuse of Dacronian one-sided Laws favoring only wives (498a)with obvious motives of bringing emotional, social and mental harms to persons like myself. Please note that I have 18yr old daughter who stood along my side. I have 3 sisters and many lady cousines/aunts, all use to come to court to support me. My lawyers is lady too. And I am personally involved in upliftment of needy old ladies/girl students under the spiritual guidance of sathya sai baba, since 1995 till today...!You should have seen the faces of my children and ladies of my home when i was put behind the bar after being arrested from Airport like a terrorist on the behest of my ex-wife.. and who refused to come and meet me in jail saying 'hamara kaam ho gaya hai...'. My statement is not new and is only meant for ladies like my ex-wife. Please do not take it heart- we all fight wars in different context..have courage to accept the fact that such ladies do exist in these unfortunate modern times... I only pray that no one else should have such miserable fate...like mine. BTW, are you aware know how many innocent husbands have commiitted suicide due to false 498a as per National Crime Bureau ?? Please visit www.mynation.net, saveindianfamily.org
Thanks for your time. Hope you will understand, someday!Have a great day!
Guest
(Expert) 29 July 2010
Then you should abuse only your wife. Do not abuse all the women. good bye and good luck.
