ghansham 07 June 2016

Difference in oral evidence in two different courts

hello experts, request your kind guidance and advise on my situation.

in her own RCR case, wife accepted in cross examination of being Bcom and MCom, of having worked earlier when she was in husbands home, and she left home because husband deserted her, this was in cross examination of her in her own RCR case. she had also filed 125 case, in that case, she had mentioned that she had not worked and has never mentioned anything about her qualification in her 125 petition. i have defeated her in her own RCR case.

my question is: if she contradicts her own admissions in RCR, in her 125 case, what will happen?

she admits something in one case, and denies something in the other case, which statement will the judge consider in the 125 case?, because she herself admits something in RCR, and denies those same questions in 125 case?

please advise.

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5 Replies

Mukesh sharma (job ) 08 June 2016

Hi gansham you need to get salary slip from her 'company where she work and show in court and you lawyer also make objection on it if she accept it in cross examination

if she work than not eligible for maintaince in sec 125

thnks

Mrs. Bakshi (Social Studies Reader/Worker) 08 June 2016

Repeated query already answered.

stanley (Freedom) 08 June 2016

There are ways to handle this situtation . By the way why did your lawyer not submit the certified copy of the cross examination held in the RCR case for the 125 case . During the cross examination for the 125 case your lawyer could have asked this question showing the certified copy of the RCR case stating that she has admitted that she is a BCOM , MCOM and was earning . Since cross examination is carried out under oath .if she denies that than the judge would understand that she is lying in the 125 case .