ABHISHEK SINGH vs MAMTA PANWAR

By means of present writ petition under Article-227 of the Constitution of India, petitioner has sought following reliefs:

“(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 26.05.2017 passed by Principle Judge, Family

Court, Dehradun in Original Suit No. 73/2014 Mamta  Panwar Vs. Abhishek Singh so far as the rejection of the application paper no. 176C is

concerned may be allowed directing the trial Court to permit the petitioner to further cross examine the plaintiff.â€​

Petitioner is the husband against whom respondent (wife) has filed a suit for divorce before the Principal Judge, Family Court, Dehradun. Evidence

of the parties was concluded. The matter was fixed for arguments. Thereafter, an application supported by an affidavit was filed before the Court

below with the prayer to admit certain photographs on record. Plaintiff-respondents did not oppose the same subject to the condition that the defendant

will not produce any other witness. This application was allowed by learned Family Court, Dehradun vide order dated 19.05.2017. Subsequent thereto,

an application paper no. 176C was filed by the defendant petitioner for permitting him to cross examine plaintiff-respondent on those photograph only.

Learned court below rejected the application (paper no. 176C) filed by the defendants/petitioner by holding that since the defendant/petitioner has

already cross examined the respondent in detail, therefore there is no justification to further cross examine the plaintiff/respondents. Another reason

assigned for rejecting the application was that this application has been filed to delay the proceedings and reference was made to the order passed by

this Court whereby direction was issued to expedite the proceedings. Present writ petition has been filed by challenging the aforesaid order dated

26.05.2017 passed by learned Court below.

Heard learned counsel for the parties and perused the documents brought on record.Â

Since learned court below has already taken the photographs on record vide order dated 19.05.2017, at the stage of final arguments, therefore, the

petitioner/defendant is entitled to an opportunity to cross examine the plaintiff/respondent on those photographs. To this extent, the application paper

no. 176C deserves to be allowed.Â

Accordingly, in the above facts and circumstances and in the interest of justice, by way of a last opportunity, defendant-petitioner is permitted to

cross examine the plaintiff-respondent on a single date, only with respect to the photographs, subject to payment of cost to be paid by him to the

plaintiff-respondents.

Accordingly, Impugned order dated 26.05.2017 is liable to be set aside and is hereby set aside. Defendant-petitioner is permitted to cross examine

the plaintiff-respondent on 22.03.2018, subject to payment of cost of Rs. 10,000/- to her, only with respect to the photographs. Thereafter, the learned

Family Court shall proceed to decide O.S. No. 73 of 2014, pending between the parties, on or before 23.04.2018. It is made clear that no unnecessary

adjournment shall be granted to the parties.

With above directions, the writ petition stands disposed of.

Let certified copy of this order be supplied to learned counsel for the parties by Monday i.e. 12.03.2018 on payment of usual charges.