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Author Topic: confronting opp party with evidence during divorce cross-examination  (Read 102 times)

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Offline angadsingh

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Dear Experts,

I am contesting divorce filed by my wife. She submitted her evidence by way of affidavit on last date. I am contesting divorce party-in-person. Judge directed me to cross-examine her on next date (25th september). I want to confront her with evidences (like some of the documents signed by her) which are in possession of some public authorities. Those documents support me and go against her statement. My queries are:
(i) Can i confront her with documents by requesting court to direct public authorities to produce those documents?
(ii) Under which section/law shall i request court to summon/direct public authorities to produce those documents?
(iii) Will judge fine me if I don't cross-examine wife on next date of hearing by telling her that I will cross-examine her after the documents are produced  by public authorities on direction of Court for confronting them to wife?

Please guide me.

Thank you very much.

Regards,
Angad

Offline kalaskarkk

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Re: confronting opp party with evidence during divorce cross-examination
« Reply #1 on: September 11, 2018, 10:37:54 AM »

Dear Sir,

My answers are as follows:

(i) Can i confront her with documents by requesting court to direct public authorities to produce those documents?
Ans: First you have to file an application for summoning such documents and objections will be filed by other side. Then orders will be passed. They you can confront those documents if summoned by the Court.


(ii) Under which section/law shall i request court to summon/direct public authorities to produce those documents?

Ans: Code of Civil Procedure 1908
ORDER XVI : SUMMONING AND ATTENDANCE OF WITNESSES

6. Summons to produce document
Any person may be summoned to produce a document, without being summoned to give evidence, and any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to produce the same.

(iii) Will judge fine me if I don't cross-examine wife on next date of hearing by telling her that I will cross-examine her after the documents are produced  by public authorities on direction of Court for confronting them to wife?
Ans: No, You may file relevant application and also an application for adjournment.

Code of Civil Procedure 1908 - Schedule I
ORDER XVII : ADJOURNMENTS
1. Court may grant time and adjourn hearing
    (1) The Court may, if sufficient cause is shown, at any stage of the suit grant time to the parties or to any of them, and may from time to time adjourn the hearing of the suit.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

Offline angadsingh

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Re: confronting opp party with evidence during divorce cross-examination
« Reply #2 on: September 12, 2018, 11:13:20 AM »
Dear Sir,

Thank you very much for answering my queries. I have few of following queries. I will be grateful if you please answer them:

(i) Do I need to explain in details and justify in my "application under order XVI" to the Court that why I need to confront opp. party with each of the sought documents and how it will help my case or disprove her case?

(ii) Generally in divorce case what are criteria based on which Court decides to approve or reject such application to confront a witness/opp party with documents signed by such opp party/witness?

(iii) Can i submit my "application under order XVI" to the Court before next date of hearing, with a copy  to opposite party, to minimise delay in summoning of sought documents from public authorities? Will Court immediately act on it or its better to submit my application under order XVI and application for adjournment on next date of hearing only?

Please guide.

Thank you very much.

Regards,
Angad

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