Cross-Examination in Divorce Case filed on Grounds of Adultery and Cruelty

Dated: 4 March, 2023

XXX                                    …..    PETITIONER

VERSUS

YYY & ANR.                        ….    RESPONDENTS

PW-1 X, S/o Late Sh. M (recalled for further cross examination after 25.02.2023)

ON S.A.:

XXXX by  Sh. Avinash Nandan Sharma, Ld. Counsel for both the Respondents

Besides myself my Email-ID my younger sister namely S was operating prior to her marriage in November, 2017.

Respondent No.1 also used to operate through my E-mail ID around till the filing of present petition.

However, I was solely using my whatsapp.

I don’t remember as to for what purpose, the Respondent No.1 used to operate my Email-ID.

1. Whether the Respondent No.1 used to operate through your Email-ID within your knowledge?

Ans. When Many times my email ID was used , I inquired about it , then she informed that she had used the same. I did not invite the Respondent No.2 in the marriage of my younger sister namely S held in November, 2017.

Respondent No.2 had come in the marriage of S alongwith my father-in-law.

None of family members was in communication with the Respondent No.2.

21. At this stage, the Ld. Counsel for the Respondents has shown the Invitation Card dated 21.10.2017 of the marriage of younger sister of witness namely S (Through whatsapp) to the witness and the witness is asked whether the same was sent by you or not?

Ans. The document is not legible.

I had organized a small reception party of my marriage in Gurgaon on 29.03.2015.

I had invited the Respondent No.2 on the insistence of the Respondent No.1 for the said reception party.

26. The witness has been shown the E-mail dated 26.03.2015 and the witness is asked whether the same was sent by you?

Ans. It is correct that the message was sent through my E-mail Account but I had not sent the same probably the same might have been sent by the Respondent No.1 through my E-mail.

I had whatsapp chat with the Respondent No.2 on rare occasions prior to filing of divorce petition. It was at the instance of the Respondent No.1. After filing of divorce petition, I had received a long whatsapp message from the Respondent No.2 which is placed on record.

4. Whether you had sent a thanks message through whatsapp to the Respondent No.2 for successful completion of the marriage ceremony of your sister namely S dated 04.12.2017?

Ans. I do not remember as to whether I had sent a thanks message through whatsapp to the Respondent No.2 for getting successfully performed the marriage of my sister S.

4. At this stage, the witness has shown the screen shot of the whatsapp chat dated 04.12.2017 and the witness is asked whether the thankful message was sent by you or not?

Ans. I had not personally sent the said message. The said document does not contain and mention my mobile number.

1. Whether you instructed the Respondent No.2 through whatsapp message to book train tickets for Calcutta for your Mausi and other family members?

Ans. At present I do not remember. However, if I would have instructed that must be at the instance of the Respondent No.1.

12. Did you get your railway train ticket confirmed by the help of the Respondent No.2 from Allahabad to Hawrah on 12.03.2017 ?

Ans. I do not remember as to such travel as mentioned in the question. During that period, I was pursuing PG Diploma Course from Vivekanand Univesity from 04.07.2016 to 30.06.2017.

8. At this stage, the witness has been shown the photocopy of the screen shot of whatsapp message dated 08.01.2017 and asked whether the same was sent by you or not?

Ans. The number of my mobile phone has not been mentioned in the said screen shot hence, it is not clear whether the same pertains to me or not.

1. Is it correct that the name of your Mausi is M?

Ans. My mother has no sister.

1. Whether you had requested to the Respondent No.2 to get the ticket confirmed of a lady namely M?

Ans. No. I did not know a lady namely M.

13. Did you send Holi Greetings to the Respondent No.2 personally on 13.03.2017 through whatsapp message?

Ans. As far as I remember, I did not.

13. The witness has been shown the photocopy of the screen shot of Holi greeting dated 13.03.2017 and asked whether the same was sent by you or not?

Ans. It is not clear from the document whether the same was sent through my phone as it does not mention my mobile number.

21. Did you send Durga Pooja Greetings to the Respondent No.2 personally on 21.09.2017 through whatsapp message?

Ans. As far as I remember, I did not. Vol. There was   whatsapp group namely Family. It might be possible I had placed message in the said group.

21. The witness has been shown the photocopy of the screen shot of Durga Pooja greeting dated 21.09.2017 and asked whether the same was sent by you or not?

Ans. It is not clear from the document whether the same was sent through my phone as it does not mention my mobile number.

17. Did you send Diwali Greetings to the Respondent No.2 personally on 17.10.2017 through whatsapp message?

Ans. As far as I remember, I did not. Vol. There was   whatsapp group namely  Family. It might be possible  I had placed message in the said group.

17. The witness has been shown the photocopy of the screen shot of Diwali greeting dated 17.10.2017 and asked whether the same was sent by you or not?

Ans. It is not clear from the document whether the same was sent through my phone as it does not mention my mobile number.

26. Did you send Chhat Pooja Greetings to the Respondent No.2 personally on 26.10.2017 through whatsapp message?

Ans.As far as I remember, I did not. Vol. There was    whatsapp group namely Family. It might be possible I had placed message in the said group.

26. The witness has been shown the photocopy of the screen shot of Chhat Pooja greeting dated 26.10.2017 and asked whether the same was sent by you or not?

Ans. It is not clear from the document whether the same was sent through my phone as it does not mention my mobile number.

1. How many times you met with the Respondent No.2?

Ans. I don’t remember the exact number of times of our meetings. Prior to my marriage with the Respondent No.1, I had seen the Respondent No.2 in the room of the Respondent No.1, however, I did not know the Respondent No.2 directly and after my marriage, whenever I used to go to meet the Respondent No.1 at her rented accommodation, the Respondent No.2 was found present there and there used to be a conflict between me and theRespondents No.1 and 2.

        I had no talking terms with the Respondent No.2 prior to my marriage with the Respondent No.1.

1. When did you see the Respondent No.2 for the first time?

Ans. I saw him with the Respondent No.1 somewhere between 2011 to 2013 at Laxmi Vihar, Delhi.

        At that time, I did not have any talk with the Respondent No.2.

1. Whether you had joined any party or celebration with the Respondent No.2 during the period between 2011 to 2013?

Ans. As far as I remember. I did not.

2. Is it correct that you, the Respondent No.1 and the Respondent No.2 all celebrated the birthday of the Respondent No.1 together on 02.01.2014?

Ans. On 02.01.2014, I went to celebrate the birthday of the Respondent No.1 but I do not remember whether the Respondent No.2 was there or not.

2. I put it to you that there was a videography of the birthday celebration of the Respondent No.1 dated 02.01.2014 in which, the Respondent No.2 had joined the birthday celebration.

Ans. I do not remember at present.

1. Did you know that the Respondent No.2 was the friend of the Respondent No.1 when you saw the Respondent No.2 first time?

Ans. No, at that time, I had no such information.

1. For what reference and purpose, you saw the Respondent No.2 first time?

Ans. There was no purpose and reference, I saw the Respondent No.2 and the Respondent No.1 together when I saw the Respondent No.2 first time.

1. Have you seen any other person apart from the Respondent No.2 with the Respondent No.1 during the period when you used to meet with the Respondent No.1 prior to marriage?

Ans. I do not remember.

1. Can you tell whether you had seen the Respondent No.2 once or more than once prior to your marriage?

Ans. More than once.

1. For what purpose and reference you saw the Respondent No.2 more than one time after first instance?

Ans. There was no purpose. It was by chance as he was our neighbour.

1. Were you knowing the name and occupation of the Respondent No.2 at that time?

Ans. I knew his name and he was preparing for the civil service examination.

1. Whether you and the Respondents No.1 and 2 used to study together?

Ans. No. I left the study after 2011.

1. Whether there was any communication between you and the Respondent No.2 prior to your marriage?

Ans. As far as I remember. I had no communication with the Respondent No.2. However, on one occasion, I sought some information from the Respondent No.1 which was provided by the Respondent No.2 at her instance.

1. In what manner, the said information was provided by the Respondent No.2?

Ans. The Respondent No.1 orally passed the information as far as I remember.

RO&AC

Date: 04.03.2023                                                          Judge

Family Court, Delhi