The petitioner wife challenged an order restricting her advocate from cross-examining her husband. Seeking further time as the allotted four-day window had expired without completion, the petition was dismissed.
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.
914-WP-4802-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4802 OF 2024
Poonam Jaidev Shroff … Petitioner V/s. Jaidev Rajnikant Shroff … Respondent
Mr. Swapnil Ambure a/w Anisha Nair, Utid Mehta i/b Naik Naik & Co, Advocate for the Petitioner.
Mr. Navroze Seervai Senior Advocate with Ms. Komal Joshi, Ms. Siddhi Doshi & Rohan Marathe i/by ALMT Legal, Advocate for the Respondent.
CORAM : RAJESH S. PATIL, J.
DATED : 28 MARCH 2024
P.C.:
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Thereafter, since the cross-examination was not completed the Family Judge on 7 February 2024 again passed an order of “No Cross”. The Family Court Judge noted that the matter was expedited by an order passed by the Supreme Court and if there were some issues about the advocate for the respondent wife being not available to conduct the cross examination, an alternate arrangement could have been made. The said order of 7 February 2024, was challenged by way of a Writ Petition before this Court being Writ Petition No.2898 of 2024.
“1. I have heard both the senior counsel, suffice will be the purpose if the Writ Petition is disposed of on certain directions.
(i). The impugned judgment and order dated 7 February 2024 passed in Exhibit – 57 in Petition No.A-2742 of 2015 is hereby quashed and set aside. (ii). As a matter of last chance, the Petitioner is allowed through her advocate to cross-examine the sole Respondent via Video Conferencing only for four days i.e. 18 March, 2024, 19 March 2024, 20 March 2024 and 21 March 2024, between 11:15 a.m. to 1:30 p.m. (IST).
(iii). When the cross examination is conducted, the Petitioner is allowed to keep one of her representative to remain present in the hall on the
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aforesaid dates i.e. 18 March, 2024, 19 March 2024, 20 March 2024 and 21 March 2024 between 11:15 a.m. to 1:30 p.m. (IST). When the said crossexamination of the Respondent is being conducted at the place where the Respondent would be available for cross-examination, the Respondent through himself or through the advocate will inform in advance at least one week to the Petitioner or her advocate as to the place where he would be available for cross-examination on the scheduled dates. So also the Petitioner will at-least by 14 March 2024 inform the name of the person, who would be attending the cross-examination at the place where the Respondent would be available.
(iv). Both the parties are directed to co-operate with the cross-examination, which is fixed from 18 March 2024 to 21 March 2024.
(v). It is made clear to both the parties that for any reason, if the representative of the Petitioner is not able to attend, cross-examination, the said crossexamination will be held as scheduled and will be completed on the scheduled dates.
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that twice an Order of “No Cross”, has been set aside. He submitted that this Court of 5 March 2024, as a matter of last chance had granted further time to the petitioner to cross examine the respondent. He submitted that no indulgence be shown by this Court and the Writ Petition should be dismissed.
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wife to entertain this Writ Petition.
(RAJESH S. PATIL, J.)
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2 issues framed by the court
Whether the High Court should grant an extension to the petitioner to complete the cross-examination of the respondent after a last chance order was already passed.
Whether the petitioner made out a case for entertaining the Writ Petition seeking further time for cross-examination.
Poonam Jaidev Shroff
Jaidev Rajnikant Shroff
Rajesh S. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
