PRATHIBA M. SINGH
Naveen Kumar Dalal – Appellant
Versus
Neelam Kadyan – Respondent
JUDGMENT (ORAL)
Prathiba M. Singh, J.—This hearing has been done through hybrid mode.
CAV 221/2023
2. The caveat is discharged, as the caveator has appeared.
CM APPLs.21458-60/2023
3. Allowed, subject to all just exceptions. Applications are disposed.
CM (M) 689/2023 & CM APPL. 21457/2023
4. The Petitioner and the Respondent are husband and wife who have been embroiled in an acrimonious matrimonial litigation.
5. In the present petition, the Petitioner - Naveen Kumar Dalal (hereinafter, “husband”) has challenged the impugned order dated 29th March, 2023 passed by the ld. Judge, Family Court, Patiala House Courts, New Delhi (hereinafter, “Family Court”) by which the right of the husband to cross examine the Respondent - Smt. Neelam Kadyan (hereinafter, “wife”) has been closed. The husband’s evidence has also been closed and the matter has been fixed for final arguments for tomorrow i.e. on 29th April, 2023.
6. The petition seeking divorce was filed by the Wife in 2013 and is yet to reach a conclusion despite almost a decade having been passed. It appears that, repeatedly at every stage petitions are being filed by the husband challenging various orders passed by the ld. Fa
The court emphasizes the need for time limits in proceedings and holds that cross-examination in matrimonial matters cannot continue endlessly.
Cross examination of witness – Cross-examination of witness is meant to be opportunity to concerned party to rebut evidence given by witness – Same ought to be concluded within reasonable time limit ....
The court highlighted the need for a delicate balance between expeditious disposal and fair opportunity in matrimonial disputes, considering the reasons for delay and the impact of external factors.
The court emphasized the importance of completing cross-examination within the time frame set by the High Court and allowed two additional days for cross-examination as a special case.
The main legal point established is that the right to cross-examine should be balanced with the circumstances of the party's absence and the prevailing legal framework, such as Covid-19 guidelines, t....
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