Cross-examination 2

Guest (Querist) 05 July 2013 This query is : Resolved
Respected sirs and madam!
I have posted this before but for some reason am unable to continue the same query.In brief,I have filed for divorce under cruelty and my cross-examination is going on.Opposition lawyer is just delaying cross.He appears for cross-examination by asking repeated questions and not asking questions saying his client is not present.he always wants to ask questions in next session.Previously respected experts have given valuable advice on how to tackle this.

I appeared for the 11th time yesterday.Previous judge said this was the last session but judge has changed now and he is granting more time for cross-examination.Opposition lawyer says he can`t cross-examine today as his client is not present.So I have declined to appear again in the future.Now opposition lawyer says he is going to appeal to high court to make me appear again.My question is whether the cross-examination of the respondent has to wait till this appeal is cleared or can it go ahead.Many thanks for your advice

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prabhakar singh (Expert) 05 July 2013
Fallacious it all sounds.

How can he go to High Court to appeal against your remark?

Trial is going on..it is presiding judge to regulate it.Has he ordered to close your cross?

And when he is just repeating questions already asked why your advocate is not opposing it with reference of previously recorded cross examination sheets.Unless it is brought to the notice of court judge he would have no time to notice it personally though legally he is expected to do so.

Guest (Querist) 05 July 2013
Sir,
The previous judge who said this was the last session for my cross has changed and the new judge is granting more time for cross.My lawyer asked my cross to be closed but new judge is granting more time.Last 2 occasions opposition lawyer hasn`t asked questions because his client is not present.Is it necessary for respondent wife to be present for my cross?

I won`t appear again and I don`t care if I lose the case.Opposition lawyer has admitted he has asked 95% of what he wanted to ask,but wants more time.He also says he`s going to appeal to High Court to force me to reappear.While he appeals,can we go ahead with cross of wife if judge agrees to close the cross?

Raj Kumar Makkad (Expert) 05 July 2013
There is no ocassion for the opposite lawyer to go to high court when his client is not present even before lower court. How the lawyer shall go to high court at his own accord. The ground for deferring the cross-examination is totally illegal. Your lawyer should oppose such practice in writing and then you can abscond on the hearings as no cross-examination is going on since last 2 hearings.

After close of evidence from your side, the cross of other side shall start.

Guest (Querist) 05 July 2013
Thank you very much sir.Much appreciated

Raj Kumar Makkad (Expert) 05 July 2013
Most welcome for your appreciation.

R.K Nanda (Expert) 05 July 2013
nothing to add.

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