IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.1588 of 2025 Date of decision :-18.03.2025 Dr. Priya Yadav ….Petitioner Versus Dr. Amardeep Yadav …..Respondent CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Abhinav Gupta, Advocate for the petitioner.

NIDHI GUPTA J. (Oral)

Prayer in this petition is for setting aside the impugned order dated 03.2.2025 passed by the learned Principal Judge, Family Court, Gurugram, in case GW-100-2019, titled as ‘Dr. Amardeep Yadav vs. Priya Yadav’, vide which application moved by the respondent/petitioner herein for granting an opportunity to cross- examine PW1 was dismissed despite tendering unconditional apology in view of order dated 12.12.2023 (Annexure P-5) in CR-

2816-2024 passed by co-ordinate Bench of this Court.

On 03.2.2025 the following impugned order was passed by the learned Principal Judge, Family Court, Gurugram :-

“This order of mine will dispose off an application for granting an opportunity for cross-

examination of petitioner.

Learned counsel for the petitioner submitted that on 9.9.2022 the case was fixed for cross-examination of petitioner. The cross-examination could not be concluded and defence of the respondent was strucked off by this court. It has been submitted that the application was moved by the respondent for recalling the order dated 9.9.2022, that application was dismissed on 10.3.2023. Feeling aggrieved by the order, the respondent had gone before the Hon'ble High Court. The Hon'ble High Court vide order dated 12.12.2023 was pleased to direct the respondent to tender an apology, however the order dated 10.3.2023 was not set aside by the Hon'ble High Court. It has been submitted that the defence of the applicant was stucked off by this court on account of conduct of the respondent. It has been submitted that despite striking off the defence the respondent is having the opportunity to cross examine the witness. It has been submitted that in the interest of justice, respondent be given an opportunity to cross-examine the PWI. It has been submitted that the applicant has tendered apology, but opportunity for cross-examination is required to be given to the applicant. He has relied upon he pronouncement of the Apex Court and submitted that the applicant is entitled to cross-examine the witness of petitioner despite striking off the defence.

On the other hand counsel for the petitioner submitted that vide order dated 9.9.2022 the cross- examination was not allowed to the applicant. He has submitted that opportunity for cross-examination has already been declined by the Predecessor of this court on 9.9.2022. He has submitted that the order dated 10.3.2023 has not been set aside by the Hon'ble High Court. The application for recalling the order dated 9.9.2022 was also dismissed by the Predecessor of this court. It has been submitted that respondent is not having any right to cross-examine the witness. A prayer has been made for dismissing the application.

After hearing the submissions of both the parties it is clear that the Predecessor of this court passed the following order dated 9.9.2022 as under:-

"Cost paid. Today, the case was fixed for cross-examination of petitioner. Petitioner present for cross-examination. However, counsel for the respondent sought adjournment. Perusal of file shows that several opportunities have been granted to the respondent for cross-examination of petitioner yet cross-examination is not recorded. No justification has been shown by respondent for not conducting the cross- examination. It shows utmost disregard towards the court proceedings. Therefore, there is no justification to adjourn the case for the same purpose. Therefore, the defence of respondent is hereby struck off. Now the case is adjourned to

10.3.2022 for PWs.

Long date is given due to pendency of action plan cases. -sd-(Mona Singh)

Additional Principal Judge, Family Court, Gurugram.

(UID No.HR-0232)9.9.2022 I perused this order, as per this order various e