07/05/2023
The high court perused the facts and noted that the cross-examination of the wife by the husband before the family court had continued over several dates.
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Cross-examination of witness cannot be тАШnever-endingтАЩ, should conclude within reasonable time: Delhi HC
The Delhi High Court has observed that cross-examination of witnesses should be concluded within a reasonable time, calling it an opportunity for the parties to counter the evidence given by the witness.
A single-judge bench of Justice Prathiba Singh in its April 28 order held, тАЬIt is observed that cross-examination of a witness is meant to be an opportunity to the concerned party to rebut the evidence given by the witness. The same ought to be concluded within a reasonable time limit and cannot continue ad nauseam in a never ending mannerтАЭ.
The high court was hearing the plea of a man involved in an тАЬacrimonious matrimonial litigationтАЭ with his wife since 2013. He had challenged an order passed by a family court on March 29 by which his right to cross-examine his wife had been closed. The husbandтАЩs evidence has also been closed and the matter has been fixed for final arguments.
The high court perused the facts and noted that the cross-examination of the wife by the husband before the family court had continued over several dates тАУ April 30, 2022; July 18, 2022; July 19, 2022; and September 7, 2022.
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On March 16 this year, when nobody appeared on behalf of the husband, the family court closed the right of the husband to cross-examine the wife. In the said order, the family court had also expressed concern that the said case was one of the oldest cases pending before it.
The husband thereafter filed an application seeking recall of the March 16 order, which was dismissed by the family court on March 29.
Perusing this order, the high court said that the family court has тАЬexpressed complete exasperationтАЭ in the manner in which the proceedings are being prolonged by the husband. It is in such circumstances that the application of the husband was dismissed, the high court noted.
Justice Singh thereafter said, тАЬIn the present case, repeated indulgences have been granted by this court as also by the ld. Family Court to the husband to conclude the cross-examination. As per the order sheets of the ld. Family Court, the cross examination seems to be continuing on dates after dates. Such cross-examination in matrimonial matters would be nothing more than sheer harassment. Under such circumstances, the Court is not inclined to grant any further opportunity to the husband to cross-examine the wife.тАЭ
The high court noted that the husband had led no evidence in the case; family court had granted him a week to file the same and subsequently it was closed on March 29 and the matter was fixed for final arguments. During the course of the hearing the high court also asked the husband, considering the long-standing dispute between the parties, whether he would agree to divorce his wife to which he replied that his wife had made various allegations against him.
The high court granted time to the husband to file his evidence in the matter by May 10 and directed, тАЬThe witnesses shall be produced before the ld. Family Court on two continuous dates i.e. on 17th May, 2023 and 18th May, 2023. On the said dates, the cross-examination of the same shall be concluded and no further opportunity shall be granted to either of the parties.тАЭ
