Chetna Rathee vs Sh. Chahit Kundu - 2023 Supreme(Del) 4575

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4575

REKHA PALLI
Chetna Rathee – Appellant
Versus
Sh. Chahit Kundu – Respondent

Advocates appeared:
Mr. Prateek Goswami, Mr. Neeraj Gupta and Mr. Rajat Asija, Advocates, for the Petitioner.
Mr. Shailender Dahiya, Advocate, for the Respondent.

JUDGMENT

Rekha Palli, J. (Oral)

1. The present petition preferred by the estranged wife, who is the respondent in HMA No. 711/2019 seeks to assail the order dated 18.10.2022 passed by the learned Family Court. Vide the impugned order, the learned Family Court has rejected the petitioner's application seeking restoration of her right to cross examine her husband, who had appeared as PW-1.

2. Learned counsel for the petitioner submits that the learned Family Court has rejected the petitioner's application seeking restoration of her right to cross examine the respondent, who was examined as PW- 1 without appreciating the fact that the petitioner had been granted only one opportunity to cross-examine him on 30.05.2022, on which date, the petitioner's counsel had sought time as he had not been provided with a copy of the respondent's affidavit (PW-1's evidence by way of an affidavit).

3. Furthermore, the petitioner's counsel on the said date was required to attend to a matter before this Court and had therefore sought an adjournment, which request was denied without any justifiable reasons and her right to cross-examine PW-1, who was the most crucial witness, closed on the very same d

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