Regarding non-appearnce of petitioner in CrPC125 after decision of interim maint

Tilak Marg Forum for Legal Questions Forums Criminal Law Regarding non-appearnce of petitioner in CrPC125 after decision of interim maint

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    • #601

      Resepected Sir,

      I am respondent in CrPC125 case filed by my wife. To financially harass me by taking advantage of CrPC125 provisions, she made false allegations of violence and harassment for dowry against me & my parents in her application and even made false statement about not having any independent source of income, despite earning almost equal to me. After award of the interim maintenance for my son (by my consent) in CrPC125, she has stopped coming to court and her lawyer who come to court is not giving any evidence about her allegations against me. The case being in her state of residence, she has influenced my advocate there, which has led to loss of my trust in him.
      My queries are:
      i.) Can I do anything to bound her to come to court on every date and present her evidence or close it by denying her allegations as they are false and finish the case fast?
      ii.) The witnesses she calls in her support, can they be recalled for cross-examination or they can only be cross-questioned on the day on which they appear in court?

      Please advice.
      Thank you.

    • #605

      Firstly, if needed, you can change your advocate.

      Secondly, if the opposite party is repeatedly delaying the proceedings unnecessarily, you have the right to request the court to direct the party to complete its evidence expeditiously.

      Thirdly, usually, the cross-examination is required to be conducted on the same day when the witness is examined. But, due to various reasons, the court has the power to allow the cross-examination to be conducted on the next day. Moreover, Section 311 of Cr.P.C. allows the court to recall and re-examine any witness if the condition mentioned therein is satisfied. Therefore, a request can be made to the court to recall a witness, if need be, in justifiable situations. Section 311 is reproduced below:

      311. Power to summon material witness, or examine person present.— Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.”

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

    • #635

      Thank you Sir.

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