Case Brief

Wife in adultery caught with voluminous emails and a DNA test of the child done from a private lab. Child five years lives with mom. Both spouse working – husband in Delhi, wife in Kolkata. Divorce filed by the husband. HMA 24 case filed by wife claiming that she is not working when the husband has proof from a detective agency report that she is working in a good position.

Wife side lawyer (one of the top-notch advocates from the city) examining the husband. Date of this examination – June

Cross-Examination

Lawyer – So Mr. …do you know why this case is filed?

Husband – Yes, she wants maintenance.

Lawyer – Where are you working now and in which position?

Husband – In Delhi.

L – that is the name of a place. I wanted to know which company and which position you work for?

H – (Tells the company name, NOT the position…) XXX

L – How long you are working in XXX company? (lawyer misses the point that husband didn’t give one answer)

H – from May

L – Before that where were you working?

H – in ABC company.

L – Until what date did you work in ABC company?

H – February

L – Which February Mr. there are many February..

H – oh..this year.

L – So were you working from Delhi when you were in ABC company?

H – No, I was in Pune.

L – How much take home salary do you earn every month?

H – Tells the figure. Seemingly the right one. Huge salary, everyone takes a deep breath.

L – What is your monthly gross salary?

H – Husband tries to confuse them but lastly felt safe in telling the right figure.

L – You can submit last three months salary slips.

H – (confused, as he did not find any question in that sentence) – umm, NO. I have lost my job from the earlier organization. I am working here only from this month.

L – So Mr.. when you resigned from ABC company how much salary you were drawing?

H – (Bemused as he was forced to tell that he has resigned) I have not resigned, I have lost my earlier job.

L – You can produce salary slips from the XYZ company from where you have resigned.

H – (no question again confuse the husband) – No I said, I have lost my job and for last two months I was jobless. I do not have those slips.

L – You know that your wife is not working.

H – (No question again. Only a statement to baffle the husband. Husband thinks over and takes time) when?

L – I have already asked you the question. Please answer

H – No I did not understand when she was not working?

L – I will ask the question again – You know your wife is not working.

H – (Husband was confused with a sudden straightforward statement as any answer would have been tricky. He thinks for at least 1 min while the judge was continuing giving instruction to his steno to type. Husband under time pressure as the judge would write something without him saying that. Finally, the husband says -) Absolutely wrong. I know she is working. I request this court to punish her severely for filing a false case and wasting court’s valuable time.

L – How do you know she is working?

H – From my source.

L – haha. What source Mr. This court wants to know your fake private source.

H – I hired a private detective agency. I have their report.

L – You can submit their report to the court. (no question again, leading the husband)

H – Yes

L – You have the money receipt given by them. (no question. Leading the husband)

H – Yes.

L – You have submitted these emails? (he points to the wife’s emails that husband submitted as her adultery proof)

H – Yes

L – You knew your wife’s email id and password?

H – Yes

L – Your wife knew your emails ID.

H – Yes (Be careful here as the court notes email ID as Email ID and Password most of the time. Clarify that)

L – Then how did you print these emails?

H – I came to know the password.

L – So you could access her emails?

H – No

L – You have composed and printed these emails.

H – No

L – You have filed the divorce case under adultery.

H – and cruelty.

L – You came to know about your wife’s adultery from the detective agency report.

H – (confused with this statement. Thinks for a long time) No. I came to know from her emails, phone calls, text messages…..(he continued to think deep while the lawyer prepares to ask the next question. Husband gets restless as he did not finish. So he tries to explain but as he was thinking deep about the implications later he was not able to say anything. He asked the advocate to wait) Wait, I have not finished yet.

L – (Furious or pretending to be furious) Don’t show me the hand like that. This is a courtroom. I am warning you.

H – (was already grappling to find words) – your honor I want to say more. My answer is not finished yet. (he was allowed to speak and completed his answer)

L – You said your wife is working. Where is your wife working?

H – I think it is YYY company.

L – Your honor, please mark the words – “I think”. Did you go and ask any YYY company staff to know if she is working there?

H – How do I know? I am not an investigative agency. That is why I have come to the honorable court for investigation. Whatever the court decides that will happen.

L – (murmuring to self) Ok..So you are ok with the court decision. (to the husband) – You have submitted a fake DNA test report to malign your wife.

H – Let the court decide that. If the honorable court thinks it is fake, then your honor may order fresh DNA test. I have come here for justice.

Lawyer ends questioning

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