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G (Eng)     03 March 2011

DV: Witness evidence

Hi,

 

This is regarding the DV case filed by my wife on me and my relatives. At present y wife's evidence are on in the case (they are not complete yet). It is my understading that once she completes her statement, we need to cross-examine her. Then the next witness will give his/her statement and we will be allowed to cross him/her

 

My questions are

 

1) Is there any privsion in law where we can ask the other party to give us the list of all the witnesses beforehand

2) Ca we move an application under some provision of law where we can have all the witnesses to give their statements in court first and then we cross-examine them.? This way one witness will not be able to change his/her statemet based on the cross of the other



Learning

 2 Replies

shilpa (advocate)     09 March 2011

Hello there

as far as ur 1st  query is concerned

1)  when a domestic violence case is filed the complain copy along with all the necessary documents are usually given to the respondents . if in ur case if u have not received the documents you can ask the judge  or to bring to his notice tht the documents are not served. these documents include the complaint , list of witnesses etc...

answer to ur 2nd query

2) in matrimonial cases most of the witnesses are either relatives or they close associates, so as such there is no provision in cr.p.c. but u can ask the judge to defer the cross examination and proceed with the chief examination of the other witnesses.

1 Like

G (Eng)     10 March 2011

Thanks for your reply. 

I have all the documents (DIR + bills etc) submitted with the DV. However, it does not contain any list of witnesses. When I aksed my lawyer about the same he told me that it is not provided beforehand as this is a private complaint and the complainant can bring any number of witnesses. So not sure how to proceed on this as we don;t know who all will be witnesses. But as you said they'll mostly be complainant's relatives.

I will talk to my lawyer about defering the cross examination and moving ahead with chief of other witnesses.


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