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Jamai Of Law (propra)     07 July 2012

Cross exam in divorce case!! - of a witness

Husband described some incident in the petition .....................(Based on a heresay information received from the common relative ) as follows

 

"A heated conversation between his spouse(wife-respondent) and a common relative of both the litigants"


 

 

And then Husband brought that common relative to testify FOR HIM in court!!! ..............

 

And that common relative certainly went on to testify  THAT ..........."Wife dared all of dire consequences and also gave a lot of gallies to him and to her husband and also her in-laws and also confessed that she had illicit affair with a guy in her office!!!"

 

 

That common relative is now favouring the husband !!!!

 

 

Wife's lawyer ommitted to cross-examine that relative as yet !!! (but yet there is a chance)

 

 

And in reality wife only met that common relative at his house (who is much older and at a high position) to 'Request him to mediate AND to express that she always is willing to reconcile and she is being coerced for divorce!!!" ............ and truly abovesaid husband's  version never ever happened and ................ she had gone to that common relative's house literally to beg to save her marriage .... and nobody else was present at that time!!!

 

 

 

 

My query is ..........

 

 

How to demolish that common relative's testimony? 

Does his testimony liable to cause harm to wife (respondent) in case his cross exam gets omitted?


 

Wife does not want divorce and husband has been taking advantages of his own wrongs in reality.

 

 

Please advise

 



Learning

 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     07 July 2012

Dont expect us to tell how the relative should be crossed unless we see the chief. But HE HAS TO BE CROSSED, to discredit him and make the court believe that he is not worthy of credence.


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