Cross examination logic in dva

in this case, the averments are WRITTEN by her own self.

u can point out the descrepancies in ur Arguments.

also u can adopt another strategy :

during cross at some point, give her suggestion about her first statement.

then ask other random questions.

then at a later time, give her suggestion about her second statement.

both the statements will be recorded by the court.

this way, it wont click in her mind that she had stated contradictorily, just before a few minutes.

also in my own case, i was under the WRONG conception that :

cross exam is recorded in Question - Answer format.

actually, questions are NOT recorded.

only the statements, suggestions given by the cross examiner and the response of the witness is recorded, that too in a paragraph wise, continuous fashion.

Never ask a direct question .The element of suprise has to be there . REad the attached book and may god bless you all the best .

Its always better to have seasoned lawyer hired for cross examination. Expert lawyer can read judge's , complainant's  mind and accordingly ask twisted questions. Many time it happens that respondent gets emotional and ask questions which may not be much helpful or may be harmful due to limited legal knowledge. Lawyers generally ask to the point question which can help judge to derive inference and gets straight order without applying much mind as most of the points to be used in judgement are covered in cross examination.

Also there is a book for cross examination questions. you may refer to that as well.

Rest, choice is yours.

Do not take risk.. Cross examination is  an art which needs depth of legal Knowledge ,presence of mind ,and good submission. Give all data to your lawyer to get best result..

Do not take risk.. Cross examination is  an art which needs depth of legal Knowledge ,presence of mind ,and good submission. Give all data to your lawyer to get best result..

You should have mentioned under what all sections has your wife has filed the DV case against you.

That would have made things simpler for me to answer as to what all you should ask in cross examination.

Cross examination is done only on the basis of the sections underwhich the DV case if filed, rest few merits of the case.  That's all.

Thanks to all who helped/commented

Dear Helping Hand Sir,

My wife has asked for the relief under section 18,19 and 20 (protection, residence and maintenance respectively)

19) as far as residence is concernend, I have been trying hard to bring her home and several letters were also written by me to her before she filled the case to bring her home. But she didnt wanted to come home and hence she has filled a case asking for residence orders.

I am still ready to keep her

20) As far as maintenance is concerned, she was working as teacher before marraige (I have proof of same) and was doing tutions for which I don't have proof. Also after marraige, she was doing tutions for which I have the proof of monthly deposition of cash in her account (passbook phtocopy).

18) As fas protection orders are concerned, I have never manhandled her. Not only that I have never scolded her by loud voice, but as usual she has made false allegations that I tried to kill her and used to torture her and bla bla.. But how can I prove that these things are false?? I only have a video recording of the night when she left my home when every one of her family was requesting her to stay but she clearly said she doesnot want to stay here... Also I have certain voice recordings in my mobile in which she clearly says that she doenot want to stay here.. Can this help??? What should be my strategy to defend section 18 in cross examination

Thanks to all who contributed... Your more guidance on the procedures will be highly thanked...

Originally posted by : Gautam Joshi
	Dear Helping Hand Sir,   My wife has asked for the relief under section 18,19 and 20 (protection, residence and maintenance respectively)   19) as far as residence is concernend, I have been trying hard to bring her home and several letters were also written by me to her before she filled the case to bring her home. But she didnt wanted to come home and hence she has filled a case asking for residence orders.   I am still ready to keep her Not keep, cohabit with her. Residential orders she is asking is fine, but is she seeking a different place than before?  I assume she is asking for a seperate residence.  She cannot tell  that I will not come back and ask for a place to stay with you.  As she has left the house where you were staying in before of which you claim to have  VDO recording, after deserting you and leaving house, she cannot ask for residential orders, if she is asking for residential orders either you should have thrown her out of your house, or her parents should have thrown her out of their house.   20) As far as maintenance is concerned, she was working as teacher before marraige (I have proof of same) and was doing tutions for which I don't have proof. Also after marraige, she was doing tutions for which I have the proof of monthly deposition of cash in her account (passbook phtocopy). Maintenance decided on few  things here.  Namely, her income, if working, like you say tutions, forceful questioning  will get her speaking like a parrot.  Her property, be it her dad's property or her mom's property [house, farmhouse etc].  Fixed deposits in her name etc will all be taken into consideration before fixing some maintenance. Her education.  + your income and property etc, submit passbook of her account, that will be suffice. 18) As fas protection orders are concerned, I have never manhandled her. Not only that I have never scolded her by loud voice, but as usual she has made false allegations that I tried to kill her and used to torture her and bla bla.. But how can I prove that these things are false?? I only have a video recording of the night when she left my home when every one of her family was requesting her to stay but she clearly said she doesnot want to stay here... Also I have certain voice recordings in my mobile in which she clearly says that she doenot want to stay here.. Can this help??? What should be my strategy to defend section 18 in cross examination  What will police do?  Hammer you is it?  Nothing to worry.  If court gives residential orders, which it cannot, as there is no mention of section 23, still, as I dont have much details from your side, court will as the nearest police station where you are staying to take your wife and leave her at your place.  Police wont illtreat you or misbehave with you. Thanks to all who contributed... Your more guidance on the procedures will be highly thanked...

If above answer is not satisfactory, you can call me for a detailed discussion on your case.  Check PM for my number.

1) cross examination is a skill which even advocates get is after much practice.

2) It is one thing that you know but it is  entirely altogether separate field to explain concilusively to court.

DV Act is Summary trail in nature . There is no requirement of Cross in DV Act proceeding. The conclusion after leading evidence of both parties.