NAVIN CHAWLA
Vasvi Grover – Appellant
Versus
Manish Grover – Respondent
JUDGMENT
1. This petition has been filed by the petitioner, who is the respondent in the Divorce Petition filed by the respondent herein, being HMA No.467/2018, titled as Manish Grover v. Vasvi Grover (hereinafter referred to as 'Divorce Petition'), challenging the Orders dated 05.01.2023 and 27.03.2023 [hereinafter after referred to as the 'Impugned Order(s)'] passed in the above-mentioned Divorce Petition by the learned Principal Judge, Family Courts, Patiala House Courts, New Delhi (hereinafter referred to as the 'Family Court').
2. By the Impugned Order dated 05.01.2023, the learned Family Court has been pleased to close the right of the petitioner herein, to conduct further cross-examination of the respondent herein. By the subsequent Impugned Order dated 27.03.2023, the learned Family Court has, upon recording the Examination-in-Chief of the PW-2 Sh.Praveen Kumar Grover, PW-3 Sh.Manish Kapoor, and PW-4 Sh.Rohit Juneja, has discharged them and listed the Divorce Petition for recording the evidence of the petitioner herein on 31.05.2023.
SUBMISSION OF THE LEARNED COUNSEL FOR THE PETITIONER
3. The learned counsel for the petitioner submits that the learned Family Court has erred in
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 court emphasizes the need for time limits in proceedings and holds that cross-examination in matrimonial matters cannot continue endlessly.
Procedural laws should not cause prejudice resulting in a miscarriage of justice.
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....
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 ....
Default in prosecuting legal matters justifies closure of cross-examination rights; adjournments must be justified to ensure speedy court proceedings.
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