Supreme Court of India
Baljeet Singh vs Harliveleen on 5 May, 2003
Equivalent citations: 2003(3)CTC315
Bench: Shivaraj V.Patil, Arijit Pasayat
ORDER
1. Leave granted.
2. The appellant made an application under Section 151 of the Code of Civil Procedure to recall his wife and her witness for cross-examination explaining under that circumstances his wife and her witness could not be cross-examined. The Trial Court dismissed the said application. The appellant filed Civil Revision No. 5143 of 2002 before the High Court challenging the order passed by the Trial Court dismissing his application filed under Section 151, C.P.C. Unfortunately for him, the High Court also dismissed the Civil Revision Petition. Hence this appeal.
3. Learned counsel for the appellant explained the circumstances under which the appellant could not take appropriate steps to cross-examine his wife and her witness, one of the reasons being that on one date the lawyers went on strike. The learned counsel submitted that the appellant has no intention to drag on the proceedings. If an opportunity is provided, he will cooperated and proceed with the proceedings in the Trial Court.
4. In opposition, the learned counsel for the respondent-wife urged that there is no justification for the appellant in not taking appropriate steps and according to the learned counsel, the impugned order passed by the High Court affirming the order passed by the Trial Court is justified.
5. Having regard to the peculiar facts and circumstances of the case and taking note of the fact that the proceedings are matrimonial proceedings pending since 2001, we are of the view that an opportunity is to be given to the appellant to cross-examine the respondent-wife, one witness the mother examined on her behalf. Since the respondent is made to come to this Court for no fault of her, she needs to be compensated in terms of money. Under these circumstances, we dispose of this appeal by the following order:
6. The impugned order is set aside. The appellant is given opportunity to cross-examine the respondent and her witness on the next date of hearing, subject to the appellant-husband paying a sum of Rs. 3,000 as costs to the respondent-wife. The appellant shall not take further adjournment in the proceedings and shall go on with the proceedings on the given date. We expect the Trial Court to dispose of the matrimonial case pending before it as expeditiously as possible.