This order fixed a schedule to expedite the cross-examination in a matrimonial dispute where the proceedings had been delayed significantly.
Petitioner allowed; Family Court directed to fix cross-examination twice weekly; completion within six hours by 14 August 2015; petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
201-wp-4170-2014.doc
Vishal
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4170 OF 2014 WITH CIVIL APPLICATION NO.1523 OF 2014
Ramesh Gajanan Rege ... Petitioner vs. Anjali Ramesh Rege and Others ... Respondents
Mr. B.M. Patwardhan, for the Petitioner-husband in WP .No. 4170 of 2014 and for the Respondent in CAW No. 1523 of 2014. Mr. Abhijit Sarwate, for the Respondents in WP. No. 4170 of 2014 and for the Applicant in CAW No. 1523 of 2014.
CORAM: MRS.MRIDULA BHATKAR, J. DATE: JULY 23, 2015
P.C.:
. In this Writ Petition, the Petitioner-husband prays that the
hearing of the case be conducted day to day basis or at least three
days a week for one hour each day with immediate effect and a time limit of maximum two weeks be set on the cross examination of the
Petitioner.
1 / 4
201-wp-4170-2014.doc
cross examination of the Petitioner-husband is going on since last five
2 / 4
201-wp-4170-2014.doc
years. The Respondents should not cross the limits while taking the cross examination. It should get over as early as possible. It is to be noted that the time of the Court is the time of public and therefore all the parties, so also the lawyers have to keep in mind that it is our social responsibility to not to abuse the process of law and go on fighting on trivial issues on the basis of each and every available provision in Code of Criminal Procedure, Civil Procedure Code and the Evidence Act. The Courts are here to adjudicate the real truth. The Courts are not to be used as a place to settle their vengeance. The learned counsel for the Respondents on query informs the Court that he requires maximum eight hours to complete the remaining cross examination.
and taking into account the convenience of both the parties, I allow the Petition with the following order:
a) The Petition is allowed;
b) The Family Court, Pune to take up this matter for the purpose of cross examination of the Petitioner-husband twice in a week, in the second session and one and half
3 / 4
201-wp-4170-2014.doc
hour to be given in a day;
c) The learned counsel for the Respondents shall complete the cross examination within six hours which is to be completed in 3-4 sittings and it shall get over till 14th August, 2015;
d) The objections if at all raised on behalf of the Petitioner, they are to be given in writing and the Court may decide it at the end of the trial;
f) The Petition along with the Civil Application stands disposed of on the above terms.
(MRS.MRIDULA BHATKAR, J.)
RECORDING OF EVIDENCE BY THE COMMISSIONER
4 / 4
Ramesh Gajanan Rege
Anjali Ramesh Rege
Mridula Bhaktar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
