Cross examination in divorce case

Well, it is not relevant for the current case, unless the allegations were same and some acceptance from your side is there.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

@Author Present case is no where going to get affected by the former case. As pointed out by @shonee, if the allegations are same as were in your previous marriage and ultimately those were not proved, then also there is nothing to worry about in present case. Just do not answer any question which might hurt your present case. What happened in last case is none of their concern in present case. It is true that opposite party lawyer might use it as a tactics to show the court that you are not a good person. //peace /Saurabh..V

@ Author,

1. If the case is filed by you and she mentions "that" in her reply then her side may ask que. relating to first marriage.


2. However, without reading down both sides allegations and counter paras this que. cannot be answered clearly if it to be relevant or not during cross examination.
Reasoning: Basically her side are trying to draw some 'inference" in present second marriage nothing else and you have right not to reply to a direct que. (mind it all cross examination que. at witness box are leading que. and per se we say leading que. cannot be asked from witness ha ha) and or say it is non-relevant to present suit cause of action. Now let ld. Judge applies his mind to the que. and moreover even he can't force you to answer if it is not relevant to cause title of suit.:-)
Illustration:
Que.: So you left matrimonial home on 19-09-2011?
If he / she answer either in YES or NO both becomes determental to the suit (say in a case when desertion grounds are to be proved / countered).
Que.: So you even divorced your first wife?
This is tricky to answer in one way or other so the answer could be "that on joint request of eirlier parties it was a mutual consent divorce". Here it is a open ended statement given by witness and it shall not elicit either way any 'inference' is my opinion unless they put immediately a leading que. without giving you time to compose / re-think.............................that is where a attentive smart lawyer of your side shall raise obejction (if any)……..... hence the next que. may be given opportuity to 'rephrase'  as ruling of the ld. judge ......so on so forth cometh author.............(say in a case when cruelties grounds are to be proved / countered).

helpful replies.

What are leading question?? Can respondent refuse to answer some questions during cross explainig the judge that its not relevent to the case? In such case, can judge force the party to answer it if he thinks its relevent one?

Leading question is one which elicits a specific response.

 

yes, you can object to any question and judge would decide on the same.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com