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?

Detailed Legal Analysis

The husband can seek to reopen his rights for cross-examination in a Domestic Violence (DV) case under specific provisions of the Code of Civil Procedure, 1908 (CPC) and the Protection of Women from Domestic Violence Act, 2005.

To reopen closed rights, the husband may file an application under the relevant sections of the CPC, primarily focusing on the following:

• Section 151 of CPC: This section allows the court to exercise inherent powers to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court. The husband can argue that justice demands reopening his rights to cross-examine the wife.
• Order IX of CPC: Although order IX deals primarily with the dismissal of suits and the consequences of absence, it provides a framework for setting aside such orders under certain conditions. The husband could cite this to highlight his absence and seek a review.

The following steps are generally involved in the process:

• Filing an Application: The husband must file an application in the family court where the DV case is pending. This application should clearly state the reasons for his absence and the necessity of cross-examination.
• Grounds for Reopening: He should provide grounds for reopening the closed rights, such as lack of knowledge about the hearing schedule, illness, or any other reasonable cause that prevented his appearance.
• Supporting Documents: Any evidence supporting his claims (like medical records, etc.) should be attached to the application.
• Legal Representation: It is advisable for him to engage a lawyer to ensure the application is well-drafted and complies with legal requirements.
• Hearing Date: The court will schedule a hearing for the application, where both parties can present their arguments.

Additionally, the husband may also refer to the following provisions under the Protection of Women from Domestic Violence Act, 2005:

• Section 28: This section allows the court to lay down its own procedure for disposal of cases under this Act, which could include the reopening of cross-examination rights.
• Section 20: It outlines the reliefs available and could be cited to stress the importance of examining all evidence for a fair trial.

Ultimately, the decision to allow the reopening of cross-examination rights lies with the discretion of the family court, based on the merits of the application and the interests of justice.