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Is it necessary to say that petitioner is deposing falsely to all ques


23-May-2023 (In Family Law)
I have one question here...During cross we generally have to take denails of every allegations. Example: "You have deposed falsely in para 16 that she went to mumbai n 12 nov 2017" However my doubt is: Q. If we have asked certain question like " Have you ever send gifts to your wife" and if he says yes and we ask more questions and ask whether he have any evidence.. and ultimately he does not have evidence...so do wee need to take denials of this question also that :you have deposed falsely now that you sent gift to ur wife" or it will be automatically understood that no evidence is there for gifts hence he has deposed falsely. Please guide. second example: Have you ever purchased clothe for your wife? he says yes then we will say do you have any evidence..if he says no..so do we need to necessarily say " you are saying wrong"Basically i want to understand apart from denials of evidence affidavit that he is saying falsely do we need to take denials of extra question
Answers (2)

Answer #1
520 votes
Yes. The law is that you have to give suggestions to the witness and put up your case to him. So that he has the opportunity to depose if he has anything to the contrary. If the witness is not confronted with the case put up, the same may be counterproductive. Read the Nahar Singh judgment.
Answer #2
677 votes
Hi,
In these situatuons, you have to generate content for arguments. After deposing certain questions you should generally give a suggestion to Hon'ble Court based on the questions asked by you and the answers given by the witness
For more information feel free to have a word with us, all the very best.

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