Cross Examination
Knowledge Gainer
(Querist) 07 June 2011
This query is : Resolved
Wife filed divorce case on the ground of cruelty.
Main fake & frivolous allegations are Dowry, non provision of food & physical as well as mental harassment by respondent, mother-in-law and father-in-law.
No 498a or any other police complaint.
Written statement is filed by respondent replying every allegation in detail and no allegations on wife.
Issues determined by judge.
Wife filed list of witness containing herself, her mother and uncle (mother side).
Respondent has no allegation so not filed list of witness.
Query
Whether wife’s advocate insists for presence of Respondent’s parents for cross examination? Father is not able to walk and undergone Joint Knee Replacement surgery.
PALNITKAR V.V.
(Expert) 07 June 2011
Wife's advocate can not compel any one to come for cross examination unless the respondent decides to examine that person as a witness. So respondent i.e. husband may refuse to examine his parents as witnesses. However, if the Court decides to examine your parents or your father as Court Witness, which is most unlikely, you will have to keep the parents present. If father is unable to walk, he can be examined on commission.
Advocate. Arunagiri
(Expert) 07 June 2011
The court may order for recording evidence by commissioner. Or can order for teleconferencing mode.
