O R D E R

% 20.04.2026

1. This hearing has been done through hybrid mode.

CM APPL. 25711/2026 Exemption

2. Allowed, subject to all just exceptions. The application is disposed of.

CM(M) 876/2026

3. The present petition under Article 227 of the Constitution of India, 1950 seeks the following prayers: -

“a) To set aside the Impugned Order dated 30.03.2026 passed by the Ld. Judge, Family Court-02, South East District, Saket Courts, New Delhi, in furtherance of the Orders dated 07.02.2026 and 06.03.2026, in H.M.A Petition No. 1860 of 2019;

b) Direct and allow the Petitioner herein to complete the cross examination of PW-1 (Respondent herein) in the proceedings pending before the Ld. Judge, Family Court-02, South East District, Saket Courts, New Delhi in H.M.A Petition No. 1860 of 2019;

c) Issue any other order(s), direction(s), or writ(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice.”

4. Vide impugned order dated 30.03.2026, the learned Family Court passed the following order, which reads as under: -

“The matter is at the stage of cross-examination of Pw-2 before the Court Commissioner However, PW-2 never appeared for examination and cross-examination before Court Commissioner.

It is submitted by Ld. Counsel for petitioner that an application has been bled by the petitioner seeking modification of order dated 06.03.2026. Reply to the application filed which is taken on record.

.

The petitioner did not appear before the court commissioner.

Both the parties are directed to appear before Court Commissioner for examination and cross-examination of PW-2 on 13.04.2026.

Further, the learned Court Commissioner is directed to appear before the court and continue recording of evidence the same is stayed by this court. To come up on report of Court Commissioner on 06.07.2026.”

5. A perusal of the record would reflect that the opportunity of further cross-examination of PW-1 was closed by the learned Family Court vide order dated 07.02.2026. It is further noted that on 27.01.2026, learned Local Commissioner after recording evidence noted as under: -

“The evidence for PW- 1 is conducted as per the direction of this Hon'ble Court dated 29, 1 1.2025 whereby the respondent was given maximum two more sessions of two hours each are given to the respondent to conclude the cross examination of the petitioner between 02:00 pm. to 4:00 pm. in compliance of the stud order the two sessions were conducted on 21.01.2026 and 27.01.2026 for two hours each.

According to the Ld, Counsel for the respondent he still submits that the sessions have been conducted but not concluded as per him.”

6. Accordingly, the matter was put up before the learned Family Court on 28.01.2026, whereby the learned Family Court directed the parties to appear before the learned Court Commissioner for recording the testimony of PW-2. Thereafter, an application was preferred by the petitioner seeking rectification / modification of the aforesaid order dated 28.01.2026, reply to the same was filed on behalf of the respondent and the learned Family Court passed the following order on 07.02.2026: -

“Record perused.

As per report dated 27.01.2026 filed by the Court Commissioner, the cross-examination of the petitioner (PW-1) could not be concluded. The aforesaid report reveals that last two sessions of two hours granted vide order dated 14.10.2025 to the respondent for cross-examination of the petitioner (PW-1) were conducted by the Court Commissioner successfully but according to the counsel for the respondent the cross-examination was not concluded.

Perusal of the records shows that vide order dated 23.10.2024 passed by the learned Predecessor for recording of testimony of petitioner (PW-1), the testimony was to be completed in maximum three sessions of two hours each excluding time taken in recording of examination of chief. Therealler, un repeated requesis of the respondent, vide order dated 30.07.2025 and 04.10.202