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gdk (student)     30 April 2011

Re-call of PW1

Dear friends,

In nullification of marriage case, MY PW1 cross-examination (wife) was closed 8 months back after giving many oppurtunities to respondent (husband). Now PW2 cross-examination completed, and respondent has filed for re-call of my cross-examination.

Is it correct.

How can I oppose it?

Is it beneficial to me (petitioner) if my cross-examination gets opened.

Previously my cross examination closed because respondent didn't cross examine me even after giving so much of time to them, even after I being presen in all adjournments.

Now, actually the stage was for filing respondent's evidence, but instead of filing his evidence, he filed IA for my cross-examination.

Kindly advice.

Regards.



Learning

 4 Replies

Jamai Of Law (propra)     30 April 2011

Raise objections.

D. Kumaralingam (Advocate)     01 May 2011

I can understand your position, but recalling PWI for cross examination at the stage of Respondent side evidence is acceptable for better adjudication in your case. At the same time, the court shall consider your spending of time for all these days in coming to Cout for getting justice and finally on imposing cost, the said Application will be allowed.

Your Objections shall also be considered at the time of pronouncing the order.

In general, the said Application will be allowed on terms.

Jamai Of Law (propra)     01 May 2011

Actually cross is to be taken on the same day or rather immediately.

 

Its the duty of the other party. Other party committed laches.

 

If that party talks of 'interest of justice' then that party was supposed to be attnetive and vigilant and should have been seen to be expediting the process.

 

Oppose it now as well as during the final arguments. But you oppose, means it will again delay it.

 

First oppose it over there and if other party insists and talks of needs and injustice etc, ask them to take cros there and then immediately. And finish it up.

 

Om Prakash Dhusia (HR assistant)     06 May 2011

Dear friends some answers are interested to read because they have the soft corner for the victims but sirs courts do not run on emotions.There may be many lacune/irregularities during trials of a case but those do not stop a judge to carry on his misdeeds and no law is available in India where a judge can be stopped to do his duty except with a Writ in the upper courts.

If your lawyer can impress and raise application u/s 311, PW can be recalled if it is an materialistic/genuine plea but this is still the prerogative of the court.

Thanx. 


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