Cross questions

Originally posted by : Raveena Kataria
	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."

 

In all other cases where his mother is party can represent herself but not his son

Originally posted by : Raveena Kataria
	No problem at all. 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.)

 

It is the view of the quriest that "all the cases are false" querist havn't mention that said cases are decided by the court. I think other cases like DV Act and 498a are pending in court. So court will not consider the pending cases as cruelty

But i agree that contradictory statements will be helpful for the quriest in cross examination.

.If the husband files a divorce petition and respondent wife in  her counter makes allegations of her MIL playing spoilsport in their break up that led to divorce proceedings and husband makes his mother as a witness in this case Respondent wife has a right to cross examine her MIL.A witness needn't be a party to the proceeding.Or MIL can  even be made a party to the proceeding under Ordedr 1 Rule 10 CPC.  by petitioner husband as there are serious allegations of his mother playing a spoilsport between the couple's break up   that led to divorce proceeding.In such case also Respondent wife can cross examine her MIL.In either case of divorce petition being filed by husband  or wife and  Petitioner wife makes serious allegations of  MIL playing spoilsport in her marriage if she makes MIL  as a witness to the divorce proceedings her estranged husband has a right to cross*xamine his mother to prove  or elicit truth or falsity of his estranged wife's allegations.IN such c ases MIL or petitioner husband's mother can be made a witness by the husband to the divorce proceedings  or party to the proceeding and in such eventuality petitioner husband's mother has  aright to cross examine her  DIL.As I already said above a witness needn't be a party to the proceeding.

Well, I couldn't, as of now, find any specific cases wherein the parent of either party to divorce was added as another party to the divorce suit. However, I was correct in assuming that the court may consider it, and that divorce proceedings aren't always necessarily restricted to both spouses as parties. Read; A case in which the adulterer is introduced as another party to a suit of divorce under order 1, rule 10.

Originally posted by : Raveena Kataria
	Well, I couldn't, as of now, find any specific cases wherein the parent of either party to divorce was added as another party to the divorce suit. However, I was correct in assuming that the court may consider it, and that divorce proceedings aren't always necessarily restricted to both spouses as parties. Read; A case in which the adulterer is introduced as another party to a suit of divorce under order 1, rule 10.

 

The basic question of the quriest was " Is mother of the petitioner is eligible to cross-examin the respondent in divorce proceedings ?"

The answer is : No

However, you are correct that parents of either party can be made witness in the divorce case.

 

Originally posted by : Sachin
	The basic question of the quriest was " Is mother of the petitioner is eligible to cross-examin the respondent in divorce proceedings ?" The answer is : No

 

Okay, but you aren't clear at all as to why that would be. Assuming the court does add the questioner's mother as a party to the suit under Order 1 Rule 10, and considering that a party has the right to represent himself or herself in a civil suit (and thus cross-examine the other party instead of their advocate doing it for them,) what really stops the mother from cross-examining the wife when it's the latter's turn to be cross-examined? 

Yes. Mr. Sachin is right. 

 

Great discussion. That's really explanatory. :) You guys are full of deep intellect.

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.