(Guest)

Divorce cross examination

Divorce is filed by wife on false allegation of cruelty.

All the allegations are vague and without any evidence. which have been countered/denied in written statement.

I am confused how to cross on following point.

Allegation : I was beaten on XYZ date.

It is denied in written statement.

Options:

1. Do not ask any question. (As we have already denied in writtent statement. Burden is on thme to prove?? They have not submitted any evidence like MLR etc because no such thing happened.)

2. Ask some questions. (This has disadvantage because she will get chance to make a vague allegations into specific by adding more details.)

Basically how does judge decide if A makes one allegation without proof which is merely denied by opposite party? Does not the burden shifts on petitioner in this case?

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(Guest)

Suppose if your wife in the box is telling that she was beaten on such such date, then your lawyer should look into documentary evidence produced like Medical Certificate by govt doctor. or there should have been a police complaint against you that you were beating her on such such date, at least there should be non-cognizable report filed inj a PS, and mention of such NCR number should be there in her written application.

Without any supporting evidence/documentary proof, these will stand just as allegations.

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com) 09 June 2013

Cross examination is an art and once you can master it any case can be tilted in favour of ACCUSED.

Most imp rule is you must reherse your question in advance. Read the whole depostion and documents carefully.

Now in the present case you can ask BUT IF OTHER DOCUMENTS SUPPORT

1) Did you produce any evidence that you were beaten by accused on that day.

2) Have you produced any evidence of physical injury.

3) Did you produce any evidence to show that you communicated this incident to any body near or dear to you, immediately.

Please allow YES or NO answer only. And at the end you can proclaim that the TESTIMONY OF COMPLAINANT is false.

It is a small example but you must frame question after reading the whole records. In no manner you should get admission against your client.

IF YOU OBSERVE ANY CROSS IN ANY COURT IN MANY CASES THE CROSS GOES AGAINST THEIR OWN CLIENT JUST BECAUSE OF LACK OF PROPER ADVANCE PREPERATION.

SO YOU MUST REHARSE ALL THE QUESTIONS IN PROPER SEQUENCE IN ADVANCE ANTICIPATING THE ANSWERS. YOU CAN PLAN THE QUESTIONS THAT ONLY DESIRED ANSWER IS BROUGHT OUT.

WHEN THE STAKES ARE HIGH THAN YOU MUST VIDEO RECORD THE SESSION WITH A DUMMY COMPLAINANT AND REVISE QUESTIONS ACCORDINGLY.

THE RESULSTS WILL BE STUNNING AND FANTASTIC.

Rajendra K Goyal (Advocate) 09 June 2013

I agree that the cross examination is an art and all the questions should be well rehersed. Case should well prepared.experience counts.