Cross examination--husband not appearing, what to do???

Querist : Anonymous (Querist) 10 October 2011 This query is : Resolved
Sirs and Mam,

The divorce case filed by my husband. Now I have to cross examine him. My husband appeared for 2 dates for cross. But now after that he is not appearing despite each date Court ordering that he should present himself for cross. My advocate says that we should apply for his defense to be striked out. That way all his pleadings would not be read and his evidance would not be read. But the husband advocates says that there is no provision for striking out defense, at the best Court can close the oppurtunity for giving evidance further. However in that case whatever evidance has been written in the final chief affaidaivt will be considered and all the other evidance submitted by him will be still considered. But this is not correct because then he is not appear and not give cross and despite of that Court will consider all his evidance in his absence, this is not correct as far as I feel logica. What do the advocate in this website tell about this situation?? Please help me.

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kuldeep kumar (Expert) 11 October 2011
good question

prabhakar singh (Expert) 11 October 2011
NOT ALL OF EVIDENCE LED BY HIM SHALL BE IGNORED HOWEVER EVIDENCE OF WITNESSES APPEARING FOR STATEMENT IN CHIEF BUT NOT FOR CROSS EXAMINATION OF YOUR'S SHALL BE TREATED AS THERE IS NO EVIDENCE.LAW IN THIS RESPECT IS A BIT AHEAD OF YOUR LOGIC.

Arun Kumar Bhagat (Expert) 11 October 2011
Evidence of the Witness unless gone through the rigorous of cross-examination, has no value in the eyes of law.

ajay sethi (Expert) 11 October 2011
untested evidence is no evidence . his evidence will be ignored

Querist : Anonymous (Querist) 15 October 2011
Cant d court issue warrants against him to bring him to the court?? my advocate says there is no such procedure in the civil procedure code but some one in the court told me there is some judgement that can force him to come down to the court? can the advocate on this website tell me any civil procedure code is there to issue warrant against him to compel him to come to the court to give cross examination or is there any judgement for that??

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