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2018 Supreme(P&H) 2919

ANITA CHAUDHRY
Roshan Lal – Appellant
Versus
State of Haryana – Respondent


Advocates Appeaerd:Mr. Pratyaksh Kumar, Advocate for the petitioner.
Mr. M.S. Yadav, Advocate for respondent No. 2.

JUDGMENT

Mrs. Anita Chaudhry, J.:- This revision is directed against the judgment dated 22.1.2015 passed by the District Judge, Family Court, Gurgaon on the petition filed under Section 125 Cr.P.C.

2. The issue for examination in this revision is whether the husband had the right of cross-examination in the petition filed under Section 125 Cr.P.C. The Family Court in its order dated 11.4.2014 ordered that evidence of the parties to be taken on affidavits. It relied upon Shabana Banu versus Imran Khan reported in 2010(1) RCR (Criminal) 158 to make that order but the judgment relied upon does not deal with the issue.

3. Record was called for and has been perused.

4. Babita by way of her evidence tendered her affidavit Ex. PA in evidence and introduced some documents and made a statement closing her evidence. The Court did not give the respondent the right of cross- examination. The case was adjourned for respondent’s evidence. The respondent did not appear on the adjourned hearing and his exemption was sought and finally when the matter was taken up on 12.1.2015, he moved an application seeking permission to cross-examine the witness as false statement had been made by the wife. The f

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