Damayanti (Unemployed) 01 May 2013

Urgent! need a sample how judge-fam court records cross exam

Good morning!!

Question No1.

How the judge/family court judge/magistrate record the cross exam Qs and As, in India (in civil suits/family courts/criminal trials )?

is there specified format? are Judges duty bound to capture Qs in exactly the same wordings as factually asked during cross ............. and also the answers?

I have a query as to transcriptt /recording of cross exam by judge in divorce suit vide family court act and HMA 1955.

Is it a Q and A format?

E.g. Is it like question posed "as it is" and answer given "as it is" in yes , no, don't recall/know etc etc etc? or some other way like 'It is tru to say that ...it is not true to say that ...wherein question isn't written and only answer is recorded.

It is a divorce case.

we are supposed to take cross of unscrupulous spouse. Do you have any sample as to how family court judge records a cross exam.

Is it like question posed as it is and answer? or some other way?

Family court act says evidence may be written in a consice format!!!

Question No2.

If petitioner in its pleading and in testimony has levelled bald allegations again and again in many paragraphs but using different wording like .............. always, .......... never, .... always insisted, ............

and like

'Respondent insulted me .... respondent shouted at me .......... repondent misbehaved with me ................. respondent did not took care of my needs ............ iggnored me .... taunted me ridiculed me very much .......... caused grave agony to me ......... I got rude shock by behaviour of respondent .................... (there are around 104 line just like this but unsubstnatiated by any relevant probative incidents etc.)

My question is:

IS it necessary to to confront /put suggestion for each and every and repetitive such bald and vague allegations? ......

If respondent fails to put sugestions/doubt/put words in the mouth of petitioner in the cross of petitioner to above ach and every and repetitive vague allegations but manages to to do so in a few such allegations in repetitive manner .............. Would it still result into adverse implication to respondent?

please guide me on this if you can.

Best regards.

Damayanti.

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5 Replies

(Guest)

Q: Did you have breakfast? Yes or No.

A: You say Yes.

The judge records it is.

She had breakfast.

2 Like

Damayanti (Unemployed) 01 May 2013

Dear Sir,

You mean to say that ONLY Answers to question may get recorded in following format like .............

EITHER 'It is true to say that bla bla bla ... OR It is NOT true to say that bla bla bla...

(wherein question isn't recorded but only the answer which is recorded)

Yes or No?

What about my question no. 2? (more crucial to me) Can you give some advise as to confronting repetitive vague and bald allegations as mention above?

Thanks

(Guest)

Originally posted by : Damayanti
	Dear Sir, You mean to say that ONLY Answers to question may get recorded in following format like ............. EITHER 'It is true to say that bla bla bla ... OR It is NOT true to say that bla bla bla... (wherein question isn't recorded but only the answer which is recorded) Yes or No? What about my question no. 2? (more crucial to me) Can you give some advise as to confronting repetitive vague and bald allegations as mention above? Thanks

For every question is to be replied in yes or no. As every question will be in detail just requiring a yes or no for an answer.

Repetitive questions will be there. But one should not loose cool and do blah blah.

And answers in denial will be recorded as denied.

Adv k . mahesh (advocate) 01 May 2013

time of cross examination you should be very patience if you loose your cool and answer unwanted or try to show .....

then it will effect your case status

some times to grab unwanted answer the opposite lawyer will try to ask the same question in different angles and if we show any wrong way then they will catch and judge will have a point to note in his paper which will effect you verdict

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 01 May 2013

Dear Querist

There is no sample/format of Cross examination which can be duty bound to magistrate /Family court/Judge,

Cross examination may be in Q & A's format or may be only answer and suggestion of the Advocate(who cross the witness).because there are various kind of the cases in india, Divorce, maintenance, child custody, rape, Murder, Abduction, Kidneping, Attempt to Murder, Void Marriage, RCR, Legal Sepration, Appointment of Guardian, Partition, Injunction, SARFAESI, Cheque Bouncing Cases etc.....................................................

then it is not possible to make a sample/format of the cross examination, cross examination may be differ from each cases