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galsober@yahoo.co.in (def)     19 June 2014

Facts revealed in cross- whether equivalent to affidavit?

Divorce case filed by me on cruelty ground. One of the averments from me is - she put baseless allegations of illicit relationships on me & harassed me. While submitting WS/Affidavit she has formally denied all my averments. Said that - I never put illicit-relation allegations upon my husband or allegations on his character as a bad one.

In cross, she was surrounded by well planned strategy by my advocate and she admitted in clear words that my husband was of bad character & I told about his bad character to my parents & brothers also. Her witness also deposed that her husband was of bad character & this fact was told to them by none other than the respondent herself. There are many citations in this regard that baseless allegations on spouse about his character without leading any evidence in this regard is itself a cruelty sufficient enough to grant divorce.

Minor hurdle in this road is – she denied in her WS that she ever accused her husband to be of bad character. All her allegations about husband’s bad character & unnatural s*xual behaviour (she moved several steps ahead when provoked in cross) exist in her cross.

Members plz guide me about some judgment/case law which says that statements made in cross carry equal weight as in WS or Examination-in-chief

Her advocate in arguments may say that she uttered the words only when provoked by opp lawyer, she denied the allegations in affidavit. I want to be on strong foot



Learning

 4 Replies

galsober@yahoo.co.in (def)     21 June 2014

plz post replies, members!

galsober@yahoo.co.in (def)     24 June 2014

Help Please! Kindly post replies.

stanley (Freedom)     24 June 2014

until and unlesss the affidivat and a copy of the cross are seen it is difficult to say . As you have stated that your lawyers strategy was good in cross than you would have faith and  reli on him .

galsober@yahoo.co.in (def)     25 June 2014

Thanx dear. 90% of advocate's work is done by me till now, so want to maintain momentum. Now the moot point is --- "Members plz guide me about some judgment/case law which says that statements made in cross carry equal weight as in WS or Examination-in-chief"

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