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sai narayana   11 March 2017

Husband defense struck off, can he cross examine the wife

I am the husband, respondent and my defense has been struck off due to non-payment of interim maintenance. That means I don't have any version so no written statement, no evidence, no witness from my side. My question is can I cross examine my wife on her evidence?


Learning

 30 Replies

sai narayana   11 March 2017

Please provide me any citation in family cases available to cross examine the petitioner even when his defence has been struck off.

sai narayana   11 March 2017

Please provide me any citation in family cases available to cross examine the petitioner even when respondent's defence has been struck off.

sai narayana   11 March 2017

Please provide me any citation in family cases available to cross examine the petitioner even when respondent's defence has been struck off.

(Guest)

What is the opnion of your advocate regarding this?  Did you not just pay alimony to wife or even did not pay fees to your advocate?

sai narayana   11 March 2017

I am party-in-person

sai narayana   11 March 2017

Their case is false so they don't deserve any relief, interim or final. But court ordered I couldn't comply and struck off my defence obviously. My grievance is not about defence strike, it's about the repercussions and left over basic rights for any defendant. Previously I had the lawyer. As he duped me during interim maintenance fixation so I started fighting in as party-in-person.

(Guest)
Originally posted by : sai narayana

Their case is false so they don't deserve any relief, interim or final. But court

 ordered I couldn't comply and struck off my defence obviously.

So you are judge now? If their case is false why did court order? What is your moral and legal stand?

My grievance is not about defence strike, it's about the repercussions and left over basic rights for any defendant.

You are talking as if somebody forced you to marry.  Marriage requires lot of money, lot of adjustment and lots of patience.  Without which your case also you will lose, as that requires lot of studying (LAW BOOKS) and cannot be achieved through posting queries on online forum.  IT is always best to reconcile with wife rather than doing all this circus would be my opinion.
Previously I had the lawyer. As he duped me during interim maintenance fixation so I started fighting in as party-in-person.

Wife also duped you, lawyer also duped you? You should be plain stupid sir.  I suggest you to hire good advocate to fight your case, than spoil your case by fighting PIP as you dont seem to be well versed with aspects of Law.

Your query has been sufficiently been discussed. here..........

 

https://www.lawyersclubindia.com/forum/Defense-struck-off-in-connected-case-147440.asp

sai narayana   11 March 2017

Except answering to what I queried in post, you fingered everything on your own. If possible and if you know the rights of a respondent when his defence is struck off, answer it otherwise pass it on to others but don't spoil it please.
1 Like

Ganesh Nair (Employed)     11 March 2017

How shameless can that helping hand be? 


(Guest)
Originally posted by : sai narayana
Except answering to what I queried in post, you fingered everything on your own.
If possible and if you know the rights of a respondent when his defence is struck off, answer it otherwise pass it on to others but don't spoil it please.

Dear Querist,

I have asked you few questions, for which you have not provided any answer.  First come out with the answers for the questions I have posed.  


(Guest)
Originally posted by : Anonymous Iyer
How shameless can that helping hand be? 

laughdevil

Sachin (N.A)     11 March 2017

Originally posted by : sai narayana
Their case is false so they don't deserve any relief, interim or final. But court ordered I couldn't comply and struck off my defence obviously.
My grievance is not about defence strike, it's about the repercussions and left over basic rights for any defendant.
Previously I had the lawyer. As he duped me during interim maintenance fixation so I started fighting in as party-in-person.

 

Dear friend,

I have gone through your previous posts. You are right that defending yourself is your basic right.

If you have not obeyed any order of trial court, trial court can struck off your defence for non compliance of order, but there is diffrence between exparty and defence struck off and court has no authority to stop you from cross examin the petitioner or witness from her side.

But i myself have seen many cases where court did that as the defendent is not strong enough to oppose that.

I also feel same in your case that you theoretically know the law and your legal rights but you are not capable to put the same strongly, infront of judge.

So, i suggest you to appoint lawyer for your case and don't worry judge cannot stop you from cross examining.

 


(Guest)

I personally suggest you not do cross examine your wife.  This is mainly because she knows all your loopholes and has played with you, infact fooled you, just to remind you even the advocate earlier who was handliing your case also has fooled you.  You dont have the appropriate skills to handle a person like your wife.  It is wise to hire a hard core Criminal lawyer to cross examine your wife.  Whether you answer the questions posed by me or not, it is evident you have faltered along the way.  Thats why you dont have face to face your wife by rejoining her.  Good luck.

whatnot   12 March 2017

One step that would really help PiP cases is if you spend some time in family court. Just go across when your judge is hearing and listen to other cases. Spend time in their cafeteria with lawyers. See if you can pick up points. Just keep meeting new lawyers and see anyone can give you some suggestion. Even clerks play a great role.

Most often we fell shortchanged by lawyers because they don't understand our point of view and laso they have intention to make money off your case.

So it is fine balance to make. Some lawyers are worth. You may decide to represent them in the court . but you do the backend work.

 

Having come this fare you should get trhough.

Have faith in your own ability but use the right tool (lawyer's expertise)

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