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General Legal Query India · 07 Jun 2025 · 7 views

In HMA, husband doesn't come in hearing of Domestic Violence Case in family court since 1.5 Years so wife has stopped the rights of cross examination of this D.V. case of her husband by court. But husband has filed application to open his rights against his closed rights. So actually what are the laws to open the closed rights of court?

PR Asked by Pranav H Bhavsar from India

Legal Information

Below is a comprehensive legal analysis based on Indian law for your question.

Under the Domestic Violence Act, the husband has the right to cross-examine the witnesses in the case, including his wife. If the husband has not been appearing in the court for the past 1.5 years and as a result, the wife has stopped his rights of cross-examination in the Domestic Violence case, the husband can file an application before the court to seek permission to open his rights of cross-examination.

In such a situation, the court will consider the reasons for the husband's absence from the proceedings and the overall facts and circumstances of the case. The court may allow the husband to cross-examine the witnesses if it deems it necessary for the interest of justice and fair trial.

It is essential for the husband to provide valid reasons for his absence from the court proceedings and to demonstrate that he is genuinely seeking to actively participate in the legal process. The court will have the discretion to decide whether to grant the husband the opportunity to cross-examine the witnesses despite his prolonged absence from the proceedings.

It is advisable for the husband to consult with a legal professional familiar with the Domestic Violence Act and the procedural laws applicable in family courts to properly present his case before the court.

Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.