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Cross examination stage in contested divorce case


06-Oct-2025 (In Divorce Law)
Need genuine suggestion. In contested divorce case, can a spouse cross examine the other spouse, though she has engaged a lawyer, whose role is to cross examine petitioner. Will judge or engaged lawyer accept, if spouse requests permission for cross examining other spouse even though lawyer is engaged and he has done part of cross examination. (As trust/confidence on engaged lawyer is lost, and he is somehow managing to conceal facts)
Answers (5)

Answer #1
756 votes
Stages Before Cross-Examination 1. Filing of Petition - One spouse files for divorce. 2. Written Statement/Reply - The other spouse files their reply or defense. 3. Framing of Issues - The court lists out the key points that need to be decided. 4. Evidence/Examination-in-Chief - Each side submits evidence and statements. 5. Then comes Cross-Examination.
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Advocate Mahrukh Khan

Adv. Mahrukh Khan

LawRato Mumbai | 200+ Answers
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Answer #2
753 votes
Well, if your trust has been lost on your Advocate, you can simply change it by telling him to give NOC, so that, you can appoint any other new Advocate by getting his Vakalatnama entered on record. If the previous Advocate does not give NOC, approach Court or the concern Bar Council of the State
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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Answer #3
985 votes
in a contested divorce case, the spouse can personally cross-examine the other spouse even if a lawyer is already engaged, but only with the permission of the Court. It is legally permissible and practically possible, provided you make a proper written application seeking leave to personally cross-examine the opposite spouse citing loss of faith and interest of justice.
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Advocate Sanil Sarkar

Adv. Sanil Sarkar

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Answer #4
500 votes
Dear client based on your query, In the contested Divorce, cross examination is generally conducted by the advocate engaged in the matter. However, if the party loses faith in their lawyer or believes that material facts are being concealed, the spouse may personally request the courts permission. For further detailed discussion feel free to connect with us.
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Advocate Kalpana Sanap

Adv. Kalpana Sanap

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Answer #5
909 votes
Well, if the concerned Spouse has already appointed an Advocate, she on herself cannot do Cross Examination for and on behalf of her appointed Advocate! Cross Examination needs to be done by her Advocate only, not anyone else.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoPune | 700+ Answers
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