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General Legal Query India · 07 Jun 2025 · 9 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 now husband has filed application to re-open his rights against his closed rights. So actually what are the laws to open the closed rights of court? What are the sections of Law to open the rights of cross examination of D.V. case?

PR Asked by Pranav H Bhavsar from India

Legal Information

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

In the scenario you have mentioned, if the husband wants to reopen his right to cross-examination in a Domestic Violence case in a family court, he must show sufficient cause for the court to allow this. The husband can file an application before the court seeking permission to reopen his right to cross-examination. The court will consider the reasons provided by the husband for not being able to participate in the hearings earlier and decide whether to allow the reopening of the cross-examination.

Under the Code of Criminal Procedure, 1973 (CrPC), specifically under Section 326, the court has the discretion to recall and re-examine any witness at any stage of the inquiry or trial if it is considered necessary for a just decision in the case. This provision can be invoked by the husband to request reopening of the cross-examination in the Domestic Violence case.

Additionally, under the Indian Evidence Act, 1872, Section 145 provides for the cross-examination of a witness by the adverse party, and Section 146 allows the court to permit any question to be asked for cross-examination if it appears to the court to be necessary for a full understanding of the witness's statement.

Therefore, the husband can rely on these legal provisions to request the court to allow him to reopen his right to cross-examination in the Domestic Violence case. The court will consider the circumstances and reasons presented by the husband before making a decision on whether to reopen the cross-examination rights.

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