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Cross Examination Of Wife Before Interim Maintenance


29-Nov-2024 (In Divorce Law)
Is it legally allowed or practically possible to call wife in witness box and ask few questions about income affidavit and petition before the order of interim maintenance. The intent is to hammer the credibility of wife statement and bring certain evidence with a surprise element. Any judgement which supports this in 125 crpc ?
Answers (2)

Answer #1
521 votes
You cannot cross-examine her before the stage of evidence. However, if she has provided any false information regarding her income, you may file an application under Section 340 of the Code of Criminal Procedure (CrPC) to initiate proceedings for her punishment.
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Answer #2
518 votes
You are not supposed to do cross-examination in deciding quantum of interim maintenance but if something false has been deposed by your wife in the income affidavit then your advocate could mention it orally or in WS to the court and she would be criminally prosecuted by court and would not even get the desired sum in interim.
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