Shraddha Gupta vs Sumit Jain - 2023 Supreme(Del) 508

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 508

REKHA PALLI
Shraddha Gupta – Appellant
Versus
Sumit Jain – Respondent

Advocates:
Advocate Appeared:
Mr. Prashant Mendiratta with Mr. B. Venkatraman, Mr. Anirudh Mudgal & Ms. Aditi Chaudhary, Advs.

JUDGMENT :

REKHA PALLI, J.

CM APPL. 22299/2023

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

CM(M) 712/2023 & CM APPL. 22298/2023 (stay)

3. The present petition preferred by the wife, who is the respondent in HMA No. 181/2023, assails the order dated 26.04.2023 passed by the learned Family Court, Patiala House, New Delhi. Vide the impugned order, the learned Family Court has directed that the petitioner's application seeking recall of order dated 20.04.2023, vide which her right to further cross-examine PW-1, her husband, was closed, would be decided at the time of final arguments.

4. Learned counsel for the petitioner submits that in case the petitioner is compelled to lead her evidence before completing the cross-examination of PW-1, grave and irreparable prejudice would be caused to her. He therefore prays that the petitioner's application for recall of order dated 20.04.2023 be allowed and the petitioner be granted an opportunity to further cross-examine PW-1, before tendering her evidence.

5. He further submits that since nine issues have been framed by the learned Family Court, the nature of further cross-examination of PW-1 by the petit

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