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Can a spouse cross examine in divorce case
16-Aug-2025 (In Divorce Law)
Can a spouse cross examine the other in divorce case?
I want to remove my lawyer who has been colluded and take part in proceedings as party in person. Now the lawyer is reluctant to give me NOC .
Is there any specific format to be filed before judge to appear for party in person and remove old lawyer or have to say to judge orally.
What are the chances of success in appearing party in person in divorce case and I have all the necessary proofs to substantiate.
Plz guide me
Yes you can do so, however I would highly recommend to engage a advocate for following reasons-
1- Judge may not entertain you in the proceedings as technically difficulties can only be understood by advocates
2- you may end up making the best case a bad case for you and then at appellate stage you will have to face consequences.
3- Law from google is different from real law, while in case of cross examination, objection at relevant point, 63b or 65b certificate at the time of giving producing online documents, etc. may be essential but you may miss and then it will cost you hefty.
Please engage an advocate for best results.
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Adv. Ishan Singh
Adv. Ishan Singh
Delhi | 25+ Answers
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Greetings for the day. Do seek a detailed legal Consultation for your ongoing Litigation pertaining to divorce. It is your right to appoint and engage any lawyer to represent you before the court so you may in your discretion change your lawyer. Cross examination can be done at an appropriate time when evidence starts. In person appearing I Would not suggest as it is technical and you should seek an expert legal assistance
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Adv. Anubhav Kathuria
Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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Hi there, yes a spouse can cross examine the other as protection u/s 122 evidence not apply when case is in between the spouses themselves.
If the lawyer isn't providing NOC then your newly appointed lawyer can send him the request for the same and in case he denies the same can be put on record before the judge and have this condition waived off.
However Make sure the dues are cleared and you have all the files of your case.
In order to test the veracity of your claims it's advisable to contact me and provide details as to proofs available for better advice.
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Adv. Ishan Parashar
Adv. Ishan Parashar
Delhi | 200+ Answers
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Yeas in divorce you have right to cross examine. If your lawyer is not giving NOC then engage other lawyer & take his vakalatnama to your lawyer & ask him to write NOC. Personally appearance you may not cross examine properly. If your lawyer is not giving your file . You can take certified copy from court
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Adv. Prithvi Raj Sikka
Adv. Prithvi Raj Sikka
Delhi | 25+ Answers
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Yes, a spouse can cross-examine the other party if permitted by the court, but you will need the court’s permission to appear and conduct the case as “party-in-person” under Order III Rule 1 & 2 CPC and relevant High Court rules. You can file an application before the court stating reasons for discharging your current advocate (collusion, loss of confidence, etc.) and seek permission to represent yourself. The court may direct the advocate to return the case file even if he refuses to give NOC. If satisfied with your reasons and preparedness, the court can allow you to appear in person and conduct examination, cross-examination, and arguments. Success depends on how well you follow court procedure and present evidence.
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Adv. Adarsh Kumar
Adv. Adarsh Kumar
Delhi | 400+ Answers
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