Naresh (In search of job) 26 January 2011

Any problem if a state/central govt employee gives evidence

Dear members,

My divorce case is @ cross-examination stage currently. So, I wanted two of my relatives, who are central/stage govt of AP to come to court to give evidence, in my family case (divorce case). They are ready, but fearing that if there can be any issues/problems, they may have to face later due to this, as the opposite party may mark them and bring any trouble to them in future. With this mindset, I am unable to convince them that nothing of whatever they are fearing will happen.

I would like to know the following to convince them further ...

(1) Are there any rules or conduct rules that an employee should not indulge in any court matters, while being employed? As long as he speaks truth, no way the opposite party can exploit them, I guess? Please advice me, if there are any consequences/repercussions that one may have to face due to this?

(2) What are Do's and Don'ts while giving the evidence?

Please help and share any adverse impact because of this.

-Naresh

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6 Replies

Arup (UNEMPLOYED) 26 January 2011

(1) NO.

(2) GIVING EVIDENCE IS OUR DUTY,

Avnish Kaur (Consultant) 26 January 2011

they can be named in fake criminal cases 498a etc.

Jamai Of Law (propra) 26 January 2011

It depends on the context /incidence in regards to which they would testify.

They didn't fear during exam-in-chief, but fearing during cross.

I didn't get it..

Anyways.........Burden of proving is on other party...Do you have any counter claims or what? please elborate..

"Going to Othercity in Other state....... as a Witness in a criminal case inquiry without taking approval of its higher authorities and for going out of state without any sanction of leave & permission to leave the headquarter" this is misconduct which they need to get the clerance beforehand from their superiors.

Jamai Of Law (propra) 26 January 2011

Always try NOT embroil /involve your own relatives (except parentsif unavoidable) in matrimonial or 498a, DV matters (especially if you are a male litigant. of course it applies to fmales also. one never knows when it may boomrand. because there is always missing link in their testimony.)

Arvind Singh Chauhan (advocate) 26 January 2011

I go with Arup Sir. It the duty of relative to help also.

Naresh (In search of job) 27 January 2011

Sir,

In my case, it has been more than 5 years, since I filed for divorce, there is no 498a until now, and there is no mention of any cruelty happened to her, except that she took the ground that I'm impotent and also that in the divorce case, already my(petitioner) cross-examination is completed and now I only have to bring my witnesses.

In these circumstances, is there still a possibility that she can file 498a now on me and my witnesses?