NAVIN CHAWLA
Pooja Bhalla – Appellant
Versus
Amit Bhalla – Respondent
JUDGMENT
Navin Chawla, J. (Oral)
1. These petitions have been filed challenging the orders dated 19.01.2018, 22.10.2018, and 02.02.2019 passed by the learned Judge, Family Courts, South-East District, Saket Courts, Delhi (hereinafter referred to as the `Family Court') in GP No. 38/2017 and HMA No. 459/2017 titled Amit Bhalla v. Pooja Bhalla.
2. By way of the Impugned Order dated 19.01.2018, in absence of the written statement filed by the petitioner herein and as none was appearing for the petitioner, the learned Family Court was pleased to dismiss the application filed by the petitioner under Order IX Rule 7 of the Code of Civil Procedure, 1908 (hereinafter referred to as the `CPC') and direct striking off of the defence of the petitioner.
3. By the Impugned Order dated 22.10.2018, due to repeated adjournments sought by the petitioner for the said purpose, the right of the petitioner to cross-examine the respondent was closed.
4. By the Impugned Order dated 02.02.2019, the petitioner was granted one further opportunity to cross-examine the respondent, subject to payment of costs of Rs.10,000/-.
5. The learned counsel for the petitioner submits that the petitioner, on separati
Balancing the petitioner's right to cross-examine with the delay caused and compensating the respondent.
The court balanced the equities by considering the diligent prosecution of the case and the need for travel, setting aside the order subject to the payment of costs and the respondent making herself ....
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....
The court emphasizes the need for time limits in proceedings and holds that cross-examination in matrimonial matters cannot continue endlessly.
The court emphasized the importance of utilizing the opportunities already granted and directed that arguments shall be heard on behalf of the petitioner by the learned Family Court on the next date ....
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.
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 ....
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