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ROHIT ARYA
Nidhi Lohiya (Gupta) – Appellant
Versus
Gaurav Lohiya – Respondent
JUDGMENT
Rohit Arya, J. - I.A.No. 9315/2022, an application for urgent hearing during Winter Vacation is taken up for consideration and matter is heard finally with the consent of parties.
2. The instant misc. petition under Article 227 of the Constitution of India is at the instance of defendant/wife taking exception to the impugned order dated 21/12/2022 of Family Court, Gwalior.
3. The petitioner is a defendant in a divorce suit filed by respondent/husband under Section 13(1) of the Hindu Marriage Act, 1955 in year 2012.
4. The petitioner is a resident of district Bhopal. For recording her statement and cross-examination she has been travelling from Bhopal to Gwalior. Her cross-examination was started on 25/11/2022 and continued on different dates viz. 7/12/2022 and 13/12/2022. However, on 21/12/2022, the petitioner could not reach Gwalior due to unavoidable circumstances. In her absence, her cross-examination has been closed.
5. Shri Lahoti, learned counsel for the petitioner submits that during her cross-examination on successive dates, she never defaulted. On single default, the closure of her cross-examination half way shall cause serious prejudice to her as her entire evidence
Procedural laws should not cause prejudice resulting in a miscarriage of justice.
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....
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 ....
Balancing the petitioner's right to cross-examine with the delay caused and compensating the respondent.
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