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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 of this case. So actually what are the laws to open the closed rights in family court? What are the sections of Law to re-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.

Under the Indian legal system, the husband in a Domestic Violence (D.V.) case has the right to cross-examine witnesses, including the wife, as part of the legal process in order to defend himself. If the husband fails to exercise this right and doesn't attend the court hearings for 1.5 years, resulting in the wife stopping his cross-examination rights, he can file an application to the court to re-open his rights to cross-examination.

In this case, the husband can seek the re-opening of his rights through the provisions of the Code of Criminal Procedure, 1973 (CrPC) and the principles of natural justice. Section 311 of the CrPC empowers the court to summon any person as a witness or examine any person in attendance, or recall and re-examine any person already examined if it is essential for the just decision of the case.

The husband can make an application under Section 311 CrPC to the Family Court requesting the re-opening of his right to cross-examine the witnesses in the Domestic Violence case. The court will then consider the application and decide whether to allow the re-examination based on the facts and circumstances of the case.

It's important to note that the court will consider the reasons for the husband's absence in previous hearings and whether re-opening the cross-examination rights would further the interests of justice. The court may impose certain conditions or restrictions while allowing the re-examination, depending on the specific situation of the case.

It is advisable for the husband to consult with a legal expert or lawyer who specializes in Family Law to properly present his case and application for re-opening his cross-examination rights in the Domestic Violence case before the Family Court.

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