Advice for self cross/ evidence reg. submission of proofs & witness in d.v case
KIRAN
(Querist) 15 May 2014
This query is : Resolved
Respected sir/ madam ,
1) i m a Govt. servent.My wife is housewife
2)we married in may 2001.we have 2 kids, one girl 11 yrs& one boy of 8 yrs.
3)I have 4 married sisters & father staying at native place alone (not with me)
4)I m well setteled& haviny own flat at kalyan.We were happy in our married life.
5)my wife is short tempered & high B.P. patient ( I had psychotric Dr prescriptions). there was interference of her relatives in our life.Hence dispute is arrised after 11 yr peace life.
6)During last 5 yrs,3-4 times compromised has been done bet.us.
7)In December 2011, my wife had stolen all my original land, flat agreements, ATM Cards cheque books ,cash, gold etc.(afterwards some i found it).I have made complaint to police station about this.
8) On that day,she called her parents & relatives to my house from their native place.They came to my house & They were shouting in my house & insulted me infront of neighbours till mid night.
9)My wife(with my kids)left my house willingly alongwith her parents&relatives on 31/12/2011.After 3-4 days i have made complaint to police station about this.
10)Immdly. after 15 days she filed false D.V case in court against me,my aged father & 4 married sisters on 15/01/2012 without any discussion with us.
11)We had submitted our says in court.Magistrate had conducted counceiling 3-4 timesbut failed.
12)Then my wife moved application to Mahila Sahayya kendra.
13)After compromised through mahila kendra,I brought my wife & kids to my house
on 24/01/2013 for bright future of my kids.
14)We started our married life again.All were happy but there was interference of her relatives.
15)Even after 4 months passed she was not ready to withdraw DV case & wanted to keep pressure on me by giving threntening of police station & court to me.
16)Magistrate had also suggested her to withdraw case but she refused.Then Magistrate had given option to withdraw case&live with husband or stay at ur parent & proceed the case in court.
17)From that day (24/05/2013),she & kids are at her parents house & d.v case in proceeding.
18)In July 2013, she filed false 498A FIR against me & all same my family members Reg. demand of 5 lacs for purchase of plot & bitten them at her parents house.
19)All we got A.Bell & chargeshit is filed
20)We filed petition for quashing FIR & chargeshit in H C. The same FIr is quashed by H/C in favour of all other 6 fmly members except me.I have to the trial.
21)Meanwhile Interim Mntc. is passed for Rs 3000/-pm to my wife & kids against her demand of Rs 25k.PM.I had paid mntc amt regularly from 8 months.
My Gross salary is 70k & Net payable amt is 20k (after all loan&other deductions).
22) she had made appeal to SC against this mntc order.I received summons .
23)Meanwhile my wife had issued false Public notice in N/P that I ignored them as nominees & selling my properties.
24)Now D V case is for Evidence & her cross examination is over.
25)She had produced my salary certificate & property related documents to show my more income.
26)She has not produce any documentary proofs or witness reg. her complaints.
27)Now,I have submitted Affidavit ( same as our says/Reply)with police complaints. ( I have more docu. proofs such as psycatric Dr. Prescriptions for 6 months, school fee receipts, school absentee applications,picnic & birthday photos ,quashed H/c order reg.498A etc.)
28) Now my cross is to be taken on next date.
Sir,kindly advice the following.
i)should i submit rejoinder Affidavit along with above some imp.documents ?
ii)How to make preparation for my cross?
iii)How to give answers during my cross?
iv Any other precaution before the cross & during the cross?
v)Witness is ready in favour of me to proove she left my house willingly without any justified reason. Should i ask my witness to submit his affidavit after my cross?
vi) any other valuable advice reg. my personal investments & loans for cross exam
Thanking you in advance
Regards.
Devajyoti Barman
(Expert) 15 May 2014
1. Yes you can.
2.Do remember points which are not to be admitted.
3.Reply clearly. if you do not know what to say then say that you are unsure of it.
4.No
5.Yes
6. Do not admit anything which is or can not be proved by them.
Rajendra K Goyal
(Expert) 16 May 2014
Agree with the expert Devajyoti Barman ji.
