Cross examination of complainant in dv case

Originally posted by : Rishi kumar
	Kindly Guide , Experts, tomorrow is the complainants cross in my DV case. My lawyer is playing truant. She gave me so many appoints but did not honour them saying she is busy or someone is sick. She has not bothered to get the details of the case or the facts to counter the allegations from me.  Today she had asked me to come in the evening but now she is saying tomorrow she will meet me in  the court. she is asking me to get a Passover and by then she will come she says. I am sure she will not come early . If she comes late and the case is called, I am sure she will make a it mess of it. I am sure  my mother, one of the respondents can confidently cross her as she can confidently refute each one of the complaints allegations as she knows the facts. The lawyer is not bothered to discuss as also she is not allowing us to cross. She says we have given affidavit so we can't cross, she says. I don't want to lose this case miserably as the lawyer has no interest whatsoever. In fact I have been drafting all the objections and affidavits then the lawyer would sign.  What should I do in such a situation? As a family we have doted on  wife and for allegations sake , she has framed silly charges which can be demolished. I have adjusted with the lawyers excuses for so long but I don't want to lose the case simply because of the lawyers carelessness. I don't mind appointing another lawyer just for guidance but would prefer to argue my cases myself.  So tomorrow I am asking my lawyer not to appear for me and will inform her that I am arguing as party in person. Will the judge allow me to do so in the middle of the case? Should I give any reasons , say my lawyer is busy could not make it , or that  I am PIP from now onwards. So tomorrow should I give any applications or petitions?  It is a repeat question and I need all the possible answers so that I will be able to take a decision by tomorrow morning. Thanks

You  can cross as PIP but i don't think you will be able to prepare for cross in such a short period, better take the other date on the ground of appointing a new lawyer. And then prepare for PIP or engage a new lawyer 

Sachin thank you, 

i have been preparing for this cross right from the early days in court as I slowly got to know the ways. I have written down all the questions for cross long ago. And writing and practising. Only thing I wanted to give it to the lawyer. Today she said give me a copy of the questions you have prepared and did not give a chance to meet meet her.

  I have understood that the main purpose of cross is to find out who is the biggest liar. In my case I have not lied and  because of that I need not change my stand each time. One thing I am sure my mother can do a better job than the lawyer. I have been going thro all these posts since last  one and half years and I have listened to a few crosses in DV case. So going ahead with the cross and I am sure I have the best wishes from all of you.

You can cross her as PIP. 

All the best for you.

Yes Kumar  The Fighter,

thank you and I need all your wishes. My mother is going to cross her.

Today ,  our lawyer met us  outside the court and she realised that my mother can cross wife better. She send her assistant with a petition praying for crossing by the respondent. Adding that the senior lawyer is out of town and that the defendant can cross her. The moment OP and party realised that my mother is going to cross she raised a noisy objection and prayed that only the lawyer or her junior can cross. So the judge also allowed the objection.

since the judge said that I can't cross when I have a lawyer, can I we cross her if we don't have a lawyer? Can I sack my lawyer? Either I will sack her on paper if she is allowing or  if not sack her really. Today I realised that my lawyer is only good for suggesting you have to file this or that. Clerical job. Not insulting her ability. But I can't lose my case allowing her to cross.

So, is there any other section under which I can cross her still retaining the lawyer , overriding the objections of OP lawyer or is sacking my lawyer is the only solution

Thanks Sachin for the brilliant idea. Yes my mother will go as PIP and cross her first. 

Do remember to take new vakalatnama, which is only signed by you and not your mother and do give this application of "Appearance as party in person" from your mother side.

File vakalatnama, s s s. 

Sachin is leading you in the right direction.

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The pit. where you and your mother will eat your own sh*te.

Sachin is leading you in the right direction.

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The pit. where you and your mother will eat your own sh*te.

Sachin is leading you in the right direction.

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The pit. where you and your mother will eat your own sh*te.

Welcome Adv. Raj Malhothra,

you have posted against the pitfalls of going by Sachins post. Agreed. But I would definitely have considered your advise if you had posted one. When you say something is wrong you should know the right answer and give it also. So what do I do? Thank Sachin and go by his advise or wait eternally for yours? 

I am really disappointed that no real solution or answer is coming form the hordes of advocate members of this forum. I got an answer form a non member. But why are lawyer friends here silent? Is it that I want to represent myself  in spite of having a lawyer? The pain of getting accused for zero fault is too much. And crossing is something which can prove that the complainant is lying ,  if done properly. I have not found fault with the lawyers tribe as a whole. I was only saying that I was not happy with the kind of interrogation my lawyer would be doing. So lawyers, everybody, post here your opinions , all of you please, and also non lawyer members, definitely as usual.

and Raj Malhothra, kindly give me ANSWER.

Respected Ramesh Singh,

i do agree cross examination is an art.. My mother wants to do that. She knows the facts. She can talk cool. She is very clear about what she can ask. Because we have not demanded a single paise and taken a single paise from them literally. We have not harassed her. Forget about harassing,  from the day  of marriage she WAS  a member of this family. My parents or anyone else in the family did not even think that she is a new member. It was as if she was born and brought up here.  Otherwise which mother in law will do rounds in hospital for the daughter in laws problem ? Still wife chose to assault us. And on our filing divorce she filed all these cases against us. I am sure my mother can really cross her and she will not have an answer. As she herself has contradicted  her statements in all these charges. And I hesitate to discuss the kind of questions my mother would ask in thei open forum. That's why