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SAMIR J. DAVE
Barot Narendrabhai Vijaybhai – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent no.1-State and learned advocate Mr. Kumar H. Trivedi waives service of notice of rule for and on behalf of the respondents No.2 to 6.
2. By way of present application, applicant has requested to quash and set aside the judgment and order dated 20.04.2022 passed below Ex. 22 in Criminal Misc. Application No. 103 of 2020 by learned Principal Judge, Family Court, Sabarkantha at Himmatnagar and allow Ex. 22 application giving opportunity of cross examination.
3. Brief facts of the present case are as under:
3.1 That applicant and the respondent no.2 are the husband and wife and out of their wedlock, three daughters and one son are born. Thereafter, due to matrimonial disputes, respondent no.2 filed an application for maintenance being Criminal Misc. Application No. 103 of 2020. After filing such application, notice was issued to the applicant herein and applicant herein has filed his reply in the month of June 2021. In the said matter, respondent no.2 wife submitted her examination in chief on affidavit on 25.08.2021 and thereafter matter was kept on 20.09.2021 and on t
The right to cross-examine witnesses is fundamental in maintenance proceedings, and its curtailment without just cause is legally impermissible.
The court affirmed that willful default in maintenance payments justifies striking off a defense in family law proceedings.
The court reinforced that maintenance proceedings under the Hindu Marriage Act should be expedited and not used as a tool for delaying divorce proceedings.
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.
The court allows a party to present evidence when prior absence was due to miscommunication, ensuring fairness in proceedings.
Cross-examination is a vital aspect of a fair trial, necessitating a balance between the rights of both parties, especially when new evidence is presented.
The obligation of the husband to provide maintenance stands on a higher pedestal than the wife, and the standard of living enjoyed by the wife during the marriage must be maintained by the husband ev....
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