Two same cases in two courts can I expect relief in one on that basis

Two cases are filed by my wife both running in same family court, one is for divorce and another is for maintenance under Crpc 125. Pleadings are same in both except the relief sought. So everything is duplicating/replica of each other. Now both the proceedings came to cross-examination stage. Now my query is, as the pleadings & everything except the relief is same in both the cases, Cross-examination in one case is enough or do we need to do/face twice? If it is twice, then there is a high probability that during the second case/time, the cross-examinee that may be either my wife or me may improvise our answers over and above first case/time. So Cross-examination is once only as common for both the cases (or) twice i.e. once for each case?

Answers (3)

228 votes

Since the relief's sought are different, in general cross examination is to be done separately for both the cases.
However in order to save time of the court, your lawyer can file a submission to have both cross examination done on the same day soon after one another so as to ensure that the parties do not improvise their answers.

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193 votes

Here divorce proceedings are different and Maintenance proceedings are differeint. so the court will record the evidence in both the cases independently and will pronounce its order separately. though everything is duplicating one is for divorce and the other is for maintenance.

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As the two cases are different, cross-examination of both the parties in one case is not enough. You need to cross examine her and vice versa in the other case also even though the pleadings and submissions except the relief is same in both the cases. You will get the relief in each case separately as per the outcome of the case after the arguments only.

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