Asking questions about sexual intercourse during cross- article 21
Guest
(Querist) 19 March 2014
This query is : Resolved
The case of wife is about the alleged impotency of husband. Husband has already been subjected to medical examination by medical board and the report in his favor is before the family court.
Now, during the cross of husband, can he object the questions about his erection, and other such questions about sexual intercourse?
Do article 21 or any other sections in constitution of India provide any protection from answering such questions asked by advocate who is not a medical professional?
Husband's potency has already been assessed by medical board and the report is before the court. So, in this situation will court allow further question related to his potency and details about intercourse sexual mental status etc?
Devajyoti Barman
(Expert) 20 March 2014
All question which is material to the merit of the case can be out during cross examination.
Guest
(Querist) 20 March 2014
Dear experts, its no an academic query. I'm the respondent in this case and my cross is pending..that why I asked whether any provisions in law allows me to object such questions.
My potency has already been assessed and decided by medical board. Then, why should court allow questions about same medical issues ie. erection, masturbation,potency, intercourse etc?
In my understanding, the court asks experts opinion only if the court itself can not decide / find out the truth of a particular allegation ie. medical, technical etc.
Petitioner has also crossed all doctors in the medical board.
So, even after receiving such experts opinion, why should the questions about same matter allowed in court?
ajay sethi
(Expert) 20 March 2014
questions can be asked in cross as issue involved in the case is that you are impotent .
Biswanath Roy
(Expert) 20 March 2014
If in the cross examination you face such harassive and unwanted questions you shall have to maintain cool brain and simply reply whatever is written in the medical report that is my answer.
Rajendra K Goyal
(Expert) 20 March 2014
During cross examination any question thought necessary for the the case can be asked.
Guest
(Expert) 20 March 2014
Sar okhli mei diya to mooslon se kya darna. When the case has been filed, the wife should also be ready to get cross-examined appropriately. The things cannot be taken as correct merely on allegation. Allegation has to be proved also beyond any doubt.
T. Kalaiselvan, Advocate
(Expert) 23 March 2014
If the allegation against you has to be proved by the other side, they can shoot such or any other related questions, the court cannot object to the questions shot by the counsel who is cross examining you which are very well within the ambit of the case under trial and is considered essential in the views of the opposite counsel. Though the experts have given their opinion in writing, they have to be brought out before court only through such proceedings. The is no legal hassle in this.
