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Legal Guidance in Domestic Violence Case


02-Nov-2025 (In Divorce Law)
My wife has taken all the gold with her and keeps denying the same in court verbally. The judge never records her statement on order sheet despite us asking for the same. I filed application under sec 91 CRPC for the same but she vaguely replied application is wrong not answering anything. The judge has not taken up my application for arguments since last 2 years and same is pending. What application can I file to be able to get her statement recorded by judge and my application for argument
Answers (4)

Answer #1
594 votes
In your case, since your application under Section 91 Cr.P.C. has been pending for 2 years without being heard, while subsequent applications of the opposite party have been taken up, you should file a Written Application/Prayer for Early Hearing and Disposal of your pending application. You may move an application titled “Application for Taking up Pending Application for Hearing” or “Application under Section 309 Cr.P.C. read with inherent powers of the Court for Early Hearing”. In this, you should specifically mention the date of filing, its pendency period, and the fact that applications filed later by the opposite party have already been heard, which causes prejudice to your case.
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Advocate Ashish Kumar

Adv. Ashish Kumar

LawRato Delhi | 25+ Answers
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Answer #2
945 votes
You may move an application under Section 311 CrPC seeking recall or summoning of the witness (your wife) for clarification and recording of her statement on oath, as the same is essential for a just decision. Additionally, you may file an application under Section 482 CrPC before the Hon’ble High Court seeking directions to the trial court to dispose of your pending Sec 91 CrPC application and record her statement. The delay of two years can also be brought to the High Court’s notice through a writ or petition for expeditious hearing. Keep insisting before the trial court to record the proceedings properly on the order sheet each date, and seek a speaking order if your application is not being heard.
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Advocate Paras Mahalwal

Adv. Paras Mahalwal

LawRatoDelhi | 50+ Answers
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Answer #3
856 votes
You can mention your matter and then file application for putting up your case. This generally works. You can also file written arguments before the Hon’ble Court. For precise advise proper analysis of the facts and documents is required.
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Advocate Harshit R Gupta

Adv. Harshit R Gupta

LawRatoDelhi | 25+ Answers
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Answer #4
745 votes
Hi, The reason for not taking up the statement on record and listing up for hearing, needs to be first clearly understood and then addressed before the respective court. Further, you also have an option to move an urgent application before the Hon'ble High Court so that your rights don't get delayed for the basic justice and the opponent uses this as an opportunity.
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Advocate Vishali Verma

Adv. Vishali Verma

LawRatoDelhi | 25+ Answers
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