Delhi High Court - Orders
Shweta Puri vs Brig Sanjay Puri & Anr on 20 February, 2024
Author: Dharmesh Sharma
Bench: Dharmesh Sharma
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 1920/2024
SHWETA PURI ..... Petitioner
Through: Mr. Dhruv Nayar, Mr. Pranav
Mohan Govil and Mr. Anirudh
Bhatia, Advs.
versus
BRIG SANJAY PURI & ANR. ..... Respondents
Through: Mr. Vikas Nagpal, Adv.
CORAM:
HON'BLE MR. JUSTICE DHARMESH SHARMA
ORDER
% 20.02.2024 CM APPL. 10258/2024
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CM(M) 1920/2024 & CM APPL. 10257/2024 (stay)
3. This petition has been filed by the petitioner/wife under Article 227 of the Constitution of India being aggrieved of the order dated 18.01.2024 passed by the learned Family Court in a divorce petition filed by the husband, whereby the right to lead evidence by the petitioner/wife has been closed.
4. Learned counsel appearing for the respondent/husband is present on advance notice.
5. Learned counsel appearing for the petitioner/wife has submitted that the learned Family Court Judge, vide order dated 08.11.2023, declined further opportunity to the petitioner to cross-examine This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/02/2024 at 23:29:02 respondent No.1/husband. It is submitted that the petitioner/wife has already moved an application for recalling of order dated 08.11.2023 and for allowing her to cross-examine the petitioner's husband/respondent No.1 herein, which application is still pending for consideration.
6. In the meanwhile, for non-appearance of the petitioner's wife on 18.01.2024, the learned Family Court vide detailed order has also closed her evidence. It is pointed out that the matter is coming up for final hearing before the Family Court on 21.02.2024.
7. After hearing learned counsels for the parties, it is but apparent that the application for recalling of order dated 08.11.2023 should first be considered by the learned Family Court as per law and only then should the matter proceed further for adjudication.
8. In the totality of the facts and circumstances explained, insofar as order dated 18.01.2024 is concerned, it is directed that the petitioner/wife shall be afforded only one opportunity to step-in in the witness box on any date convenient to the learned Family Court and she shall be afforded the opportunity to lead evidence and of course, respondent No.1/husband shall be afforded the right to cross-examine her as per law.
9. Accordingly, the present petition is disposed of along with the pending application being CM APPL. 10257/2024, thereby directing the learned Family Court to consider the application seeking recall of order dated 08.11.2023 and decide the same as per law; and further provide one opportunity to the petitioner/wife to lead evidence as per law.
10. A copy of this order be sent to the learned Family Court for information and necessary compliance.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/02/2024 at 23:29:02
11. Copy of this order be given dasti under signature of the Court Master.
DHARMESH SHARMA, J.
FEBRUARY 20, 2024/ck This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/02/2024 at 23:29:03