2.cwp.436.22

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

Criminal Writ Petition No.436 of 2022

Rajnesh s/o Rajendrapal Naidu

vs.

Neha w/o Rajnesh Naidu (Joshi) & another

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Office notes, Office Memoranda of

Coram, appearances, Court's orders Court’s or Judge’s Orders

or directions and Registrar’s orders.

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Mr. Anurag Gharote, Advocate for the Petitioner.

CORAM

: VINAY JOSHI,

J.

DATE

: 5 ^th JULY,

20

22

.

Heard.

02]

The petitioner/husband is the non-applicant in the

proceedings filed by respondent No.1/wife claiming

maintenance in terms of Section 125 of the Code of Criminal

Procedure. The only grievance put by the petitioner/husband

is that though he was allowed to conduct the cross-

examination of the non-applicant/wife, however, the trial

Court put a restrain that the cross-examination shall be

completed on next date of the proceedings that too within one

session of two hours.

03]

The learned Counsel appearing for the petitioner

would submit that already his defence is struck off and,

therefore, cross-examination is the only weapon for him to

bring the truth as well as put his defence. It is submitted that

the non-applicant/wife has produced thousands of documents

in the proceedings and, therefore, it is incumbent on him to

thoroughly cross-examine the non-applicant on each and every

document.

2.cwp.436.22

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04]

As a matter of fact, as on date, the petitioner has

been permitted to cross-examine with a rider as aforesaid

mentioned. In other words, there is no denial for exercising

right of cross-examination. In the circumstances, let the

petitioner shall cross-examine the non-applicant/wife for one

session of two hours as stated and thereafter, if anything

remains, he shall seek further time. The trial Court is always

at liberty to restrict the cross-examination subject to the

relevancy. Having regard to the above facts, I do not deem it

necessary to issue notice to other side as at this moment, this

Court is not passing any adverse order against the non-

applicant/wife. The petitioner is in fact claiming relief in

anticipation that he may not conclude cross-examination

within the scheduled time. Already, the matter is expedited by

the Supreme Court and by any means, the proceedings has to

be expedited.

05]

In view of the above, the impugned order dated

30/06/2022 passed on Exh.438 is hereby quashed and set

aside. The trial Court shall permit the petitioner to cross-

examine on assigned date for one session. The petitioner shall

endeavour to conclude the cross-examination. If the cross-

examination is not completed on scheduled date, he shall seek

permission afresh of the learned Judge to conduct further

cross-examination. The learned Trial Judge, on factual

satisfaction, in his discretion pass suitable order. In case the

trial Court declines further cross-examination, the petitioner is

at liberty to approach this Court. The petition stands disposed

of in the above terms.

JUDGE

*sandesh

Signed by:SANDESH DAULATRAO

WAGHMARE

Private Secretary to the Hon'ble Judge

Signing Date:06.07.2022 17:43