NAVIN CHAWLA
Neha Garg – Appellant
Versus
Umesh Aggarwal – Respondent
JUDGMENT
Navin Chawla, J. (Oral) - This petition has been filed challenging the Orders dated 10.04.2023, 12.07.2023 and 16.09.2023 (hereinafter referred to as 'Impugned Order(s)') passed by the learned Judge, Family Court, North-District, Rohini Courts, New Delhi (hereinafter referred to as 'Family Court') in HMA No. 463/2021, titled as Umesh Aggarwal v. Neha Garg.
2. By the Impugned Order dated 10.04.2023, the learned Family Court was pleased to close the right of the petitioner herein, who is the respondent in the Divorce Petition, to cross-examine the three witnesses produced by the respondent herein, for the failure of the petitioner to appear before the Court despite repeated calls.
3. By the Impugned Order dated 12.07.2023, the learned Family Court recorded the statements of another three witnesses produced by the respondent herein, and on failure of the main counsel for the petitioner to appear before the Court, closed her right to cross-examine the said witnesses.
4. The respondent did not appear before the learned Family Court on 16.09.2023 as well, and the learned Family Court, by the Impugned Order dated 16.09.2023, closed the right of the petitioner to cross-examine another
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 emphasizes the need for time limits in proceedings and holds that cross-examination in matrimonial matters cannot continue endlessly.
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 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 ....
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 impact of the COVID-19 pandemic on court proceedings, the extension of limitation period, and the importance of ensuring sufficient notice and not acting in haste in closing the right of a party ....
Procedural laws should not cause prejudice resulting in a miscarriage of justice.
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