Revealed: Katie Holmes could spill the beans on her marriage to Tom Cruise as part of his $50m libel case
- Cruise is embroiled in a defamation case against publisher Bauer Media, whose magazines claimed he had 'abandoned' daughter Suri Cruise and chosen Scientology following his divorce from Katie
- Actress Katie rushed back from filming in South Africa to see daughter Suri this week
- Former Dawson's Creek star spent Thanksgiving with Suri and family after jetting to Michigan on Thursday
- Cruise lawyer thinks case will go to trial - and star will be awarded 'enormous damages'
Katie Holmes will be 'happy' to give evidence about her marriage to Tom Cruise - as he continues to battle allegations he 'abandoned' their daughter, sources have revealed.
The actress is believed to have signed a non-disclosure agreement as part of her divorce from the A-list star in July last year and it is thought this means she cannot reveal any details about their five-year marriage.
However, Cruise, 51 is now gearing up for a $50million defamation case against Bauer Media - contesting their magazine's claims that he abandoned Suri, his daughter with Katie.
And if it goes to trial - as his lawyer states - Katie, 34, could be called to the stand.
Katie - who spent Thanksgiving on Thursday in Ohio with her family and seven-year-old Suri - will have no issue with this, sources connected with the case tell MailOnline, saying she will be happy to get the chance to speak freely about their marriage and split.
Home for the holidays: Katie Holmes jetted back to New York for Thanksgiving from Cape Town International Airport in South Africa on Tuesday
A source said: 'Katie has been
dignified, she has got her life back together following her divorce from
Tom and is devoted to Suri, who's the only person who matters to her.
'But if this case comes to court, Katie could be deposed and this means she could have to reveal details about her marriage - but to be honest, this is her chance to speak openly and she'll be happy to do it.'
Cruise's attorneys were back in court on Tuesday asking the judge to help lay out the groundwork for their defamation case against publisher Bauer Media over their In Touch Weekly and Life & Style stories in July and October 2012 that claimed the star had 'abandoned' Suri.[related]
In depositions obtained by Radar, Mission: Impossible star Cruise admits his devotion to Scientology may have played a part in his divorce to Katie.
During their five year marriage the actress was a practitioner of the church although as soon as the couple broke up she left - taking Suri with her.
During a fierce exchange last September between the actor and the magazine’s lawyers he was asked if Holmes had divorced him 'in part to protect Suri from Scientology'.
'Listen, I find that question offensive,' he exploded. 'I find it, those statements offensive. Like with any relationship, there are many different levels to it. You know, I, I find it very offensive. There is no need to protect my daughter from my religion.'
Single mom: Katie Holmes drops off daughter Suri at school in NYC on November 10. Katie could be called to give evidence by Bauer Media
Pushed further by the magazine's attorney Elizabeth McNamara he was then asked: 'And Ms Holmes has never indicated in any way that was one of the reasons she left you? To protect Suri from Scientology?'
The Mission Impossible star then admits: 'Did she say that? That was one of the assertions, yes.'
He was then asked: 'Is Suri currently practising Scientology?' to which he replied: 'NO.'
Cruise was then forced to admit he went nearly four straight months without seeing Suri following his divorce from Katie, alongside missing his daughter's first day of school last year.
He also admitted that he only spent 10 days with his daughter from June to November 2012 last year.
However, Cruise insists he is an attentive and loving father, who stays in constant contact with Suri through phone calls and emails as his film commitments take him all over the world.
Despite this, he did not spend Thanksgiving with Suri.
Katie and Suri boarded a first class flight from New York’s LaGuardia Airport to Detroit, Michigan, early on Thursday morning.
The quick flight landed less than an hour from Toledo, Ohio, where Katie's parents and siblings live, Radar reported.
A fellow passanger @molzer12 tweeted: 'Katie Holmes and Suri Cruise on my flight back to Michigan. Suri playing with stuffed yellow lab. Why do I care? Dunno but I do.'
Katie rushed back from filming in South Africa this week to spend the holidays with Suri.
Happier times: Katie Holmes, ex-husband Tom Cruise and their daughter Suri celebrating her 33rd in NYC on December 18, 2011
Travelling style: Katie dressed in a comfortable traveling outfit of denim shirt and jeans, with a warm black cape thrown over the top
Dressed down for the gruelling 17-hour flight back to New York, bare-faced Katie went without make-up and tied her hair back in a simple chignon.
Last Thanksgiving, Suri spent the day itself with her father Tom, while Katie returned to her hometown in Toledo, Ohio where she spent the day with her family.
The low-key day involved competing in the local Turkey Trot before returning home to dinner at her parents' house with her four older siblings and their families.
It was the first Thanskgiving since Katie and Tom's surprise divorce and Katie instead had her daughter with her for Christmas.
Frequent flier: Despite the tiring flight the hard-working mom has been racking up the air miles as she attempts to visit Suri as much as possible while filming The Giver in South Africa
This week, when asked about his plans to see Suri over the holidays, Cruise's long-term lawyer Bert Fields told E! News that he expected Cruise to be 'seeing her a lot', adding 'He loves his child.'
'He never abandoned her [Suri],' he said: 'After the divorce, he talked to her every day and sometimes twice a day because he was very concerned.'
After hearing arguments from both sides this week, Judge Jacqueline Chooljan ruled today that Cruise's team could not pursue questions against Bauer related to Nazis, however, they can ask the media company to address whether they have ever reported that Scientology was a cult banned in Germany.
His legal team was also able to persuade the judge that they needed Bauer attorneys to swear under oath that they had produced all sources and information pertaining to their choice of using the word "abandoned" used on their cover. They said they did not want to be surprised at trial.
Bauer attorney Elizabeth McNamara tells E! News she was grateful the court shut down what she called Cruise's legal team's 'sideshow'. She said, 'Hopefully it [the entire case] will be dismissed.'
However, Fields insisted that contrary to McNamara's belief, he thinks this case will go to trial and that ultimately the jury will award Cruise 'enormous damages'.
Fresh and easy: Bare faced Katie went without makeup and tied her hair back in a simple chignon
Meanwhile, Katie is currently filming her new movie, The Giver.
The book, and now the film, tells the story about a society which has gone to great - and sinister - extremes to make everything equal and peaceful.
The science fiction film is based
around Jonas (played by Brenton Thwaites), who learns of the real world
outside his idyllic life.
Katie plays his mother, while True Blood star Alexander Skarsgard portrays his father, in the movie set for release on August 15 2014.
Taylor Swift recently returned from South Africa, as she has a small role in the film produced by the Weinstein Company.
A spokeswoman for Katie declined to comment.
Homeward bound: Katie headed home to NYC to spend Thanksgiving with her daughter Suri
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