Cross questions

Nothing happens in divorce cases in India until cruelty is proven.

 

After 4 yrs of trial your application will be dismissed.

 

You get divorce on cruelty or adultry which is difficult to prove in india.

If mutual concerned divorce possible then check.

 

Pl. donot fight a case with emotion but fight with mind and reson. Your mother is a stranger so she has not right to join the procedding. Provide all facts to your lawyer who shall cross examine your wife. Take full advantage of contradictions made by your wife in different proceedings, correspondences etc.

You can move an application to the court to have your mother added as a party to the civil suit (Order 1 Rule 10(2), CPC,) giving them the same reasons for doing so.

The aforesaid section clearly lays down, "The court may...either upon or without the application of either party...order that the name of any party...whose presence before the Court may be necessary in order to enable the Court...to settle all the questions involved in the suit, be added."

Agree with Sidharth Srivastav.

Your mother cannot cross*xamin your wife.

 

 

Originally posted by : Raveena Kataria
	You can move an application to the court to have your mother added as a party to the civil suit (Order 1 Rule 10, CPC,) giving them the same reasons for doing so. Note, it still rests upon the discretion of the court.

 

Divorce case is between husband and wife. How can mother of husband will become party to the case?

Well, he might as well try to move the application. Even if it's rejected, no harm caused. I will try to look up previous divorce cases in which a similar circumstance may have occured, (if it ever did.)

Oh, and 498A goes beyond a simple civil matter, and implicates relatives of the husband.

Originally posted by : Raveena Kataria
	Well, he might as well try to move the application. Even if it's rejected, no harm caused.

 

Parties in Divorce proceedings are:  Husband and wife. 

No one else. 

Originally posted by : Raveena Kataria
	Well, he might as well try to move the application. Even if it's rejected, no harm caused. I will try to look up previous divorce cases in which a similar circumstance may have occured, (if it ever did.) Oh, and 498A goes beyond a simple civil matter, and implicates relatives of the husband.

 

498a is criminal case where complainant is praying for "punishment for alleged acts of cruelty."

Divorce case is civil case where petitioner prays for "dissolution of a marriage". So only husband and wife can be party to the case. 

Yes, Raveena Kataria,

here, the daughter in law has needlessly accused my mother who was always by my wife's side. I asked the question as, in court cases it has to be proved that who is telling lies or who lies the most. Just to prove that point. If any section is there, and my mother crosses her , my wife will have to vanish from the court. So thoughtlessly  she has lied. 

Wife began her accusations by alleging it was a shared household when it was not. Like that so. Many lies and only lies.  Iam not a lawyer and my brush with law is only an year old. So hoping to speed up the case with all these. That's all.

In case my mother can't , can I cross examine my wife? Do I need to put up an application? Kindly help.

I am well aware, Sachin. My assumption purely arose from the fact that the wife had filed a DV case under 498A which also involves the relatives of the husband. The questioner is stating, "she has accused my mother in almost all of the false charges that she's cooked up."

However, and I address you now Rishi, even if your application fails, you can of course have your mother as a witness in the proceedings.

Thank you Raveena

Also, I'm surprised no one has mentioned on the post by now, but now you have excellent grounds for obtaining divorce on basis of the false complaint which amounts to cruelty; there would be no need for further evidence. (Her contradictory claims would have discredited her case.)

Originally posted by : Rishi kumar
	Yes, Raveena Kataria, here, the daughter in law has needlessly accused my mother who was always by my wife's side. I asked the question as, in court cases it has to be proved that who is telling lies or who lies the most. Just to prove that point. If any section is there, and my mother crosses her , my wife will have to vanish from the court. So thoughtlessly  she has lied.  Wife began her accusations by alleging it was a shared household when it was not. Like that so. Many lies and only lies.  Iam not a lawyer and my brush with law is only an year old. So hoping to speed up the case with all these. That's all. In case my mother can't , can I cross examine my wife? Do I need to put up an application? Kindly help.

 

Yes you can cross-examin your wife. but not your mother because you are the party in the case.

You can say it orally or if you want to file application you can take the format of application from my profile.

Here is the link

https://www.lawyersclubindia.com/share_files/Application-for-appearing-party-in-person-9443.asp

 

Thank you Sachin.