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Report No. 132

4.4. Evidence on affidavits. -

In case the respondent files his grounds of objections as per the aforesaid requirement, the court may require both sides to file the affidavits of witnesses in support of their respective contentions within 15 days. The court may grant a further time of 15 days to the parties in case the parties want to file additional affidavits. The court may fix an early date for cross-examination of the deponents of the affidavits by the opposite side, and their re-examination, if any. The court may thereafter proceed to hear the arguments and dispose of the matter as early as possible.

4.5. If on the date of hearing, the witnesses of a party are present for being subjected to cross-examination and re-examination on the affidavits already filed, the magistrate shall record their evidence. However, if the magistrate is unable to record the evidence by reason of the pressure of some part-heard matter or other urgent matters, he shall appoint an officer of the court as a Commissioner for recording their evidence so that the witnesses do not have to come back once again and the matter is not delayed without the parties being required to pay any fees in this behalf.

4.6. As far as practicable, a proceeding under section 125 of the Code of Criminal Procedure shall be taken up from day to day after the filing of the objections and shall be completed and finally disposed of within six months of the service of the notice on the other side.

Need for Amendment of the Provisions of Chapter IX of the Code of Criminal Procedure, 1973 in order to Ameliorate the hardship and mitigate the distress of Neglected Women, Children and Parents Back

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