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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.

In a Domestic Violence case under the Protection of Women from Domestic Violence Act, 2005, the party has a right to cross-examine the witnesses. If the husband has not appeared in the hearings for 1.5 years and the wife has taken steps to stop his right to cross-examination, he may need to produce valid reasons for his absence and seek permission from the court to reopen his right to cross-examine the witnesses.

Generally, the provisions for reopening closed rights in family court cases are set out in the Code of Civil Procedure, 1908. Section 151 of the CPC empowers the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court. However, the specific procedure for reopening rights in a Domestic Violence case would depend on the rules and procedures of the family court handling the matter.

In the scenario provided, the husband can file an application with the family court seeking to reopen his right to cross-examine the witnesses in the Domestic Violence case. The court will consider his reasons for not appearing earlier and may allow or deny his request based on the facts and circumstances of the case.

It is important for the husband to provide a valid explanation for his absence during the hearings and demonstrate that reopening his right to cross-examine is necessary for the fair adjudication of the case. The court will then decide whether to grant his application based on the merits of the case and principles of natural justice.

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