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Is it mandatory for respondent to be present in the court
18-Jan-2023 (In Divorce Law)
Do we need respondent presence in the court while cross questioning the petitioner ? Trail has been getting delayed for more than 3 months because Respondent is not coming to the court and the their advocate only attending, also claims that the respondent presence is required for cross questioning petitioner to drag the case and delay it further
The cross-examination of one party is conducted by the Advocate for the other party. Ideally we as Advocates prefer if clients are present in Court so that they are satisfied and know what is going on and can also suggest some questions and verify the facts. However if he has been postponing for a long time, your Advocate can ask the Court to forfeit the other party's right to cross-examine and not have cross-examination. Please discuss this with your Lawyer.
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It is not mandatory for the respondent to be present during course of cross examination of petitioner. However in the interest of respondent he/she may be present to watch the proceedings. Your advocate has to insist to go on cross examination even in the absence of respondent.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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He must attend the court for facing the cross from petitioner advocate , if he has not presenting court, the court may imposing cost. Till he is getting absent then court may take his cross over then moving to further steps. Consult and discuss briefly.
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Adv. Sharanagouda S. Patil
Bangalore | 200+ Answers
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