Allowed

Smt. Babli (Maya) Baghel v. Laxmi Prasad Baghel

Chhattisgarh HC9 May 2019WP227/254/2019

Case brief

AI extract

What is this about?

Writ petition by the defendant in a Section 13 Hindu Marriage Act suit, challenging the trial court's order closing the opportunity to cross-examine the plaintiff. The High Court granted liberty to cross-examine on the next date subject to payment of costs.

What did the court decide?

Opportunity to cross-examine the plaintiff on 25/06/2019 subject to payment of cost of 2500/-.

Smt. Babli (Maya) Baghel Vs Laxmi Prasad Baghel — Matrimonial and Divorce | Chhattisgarh HC (2019)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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W.P. (Art. 227) NO. 254 of 2019

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Smt. Babli (Maya) Baghel (D/o Bodh Singh Chaudhari) W/o Laxmi Prasad Baghel, aged about 31 years, R/o Sigodi (Katangi Gopalganj), Post- Katangi, Police Station Gopalganj, Tahsil Seoni, District Seoni M.P.

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---- Petitioner/Defendant

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Versus

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Laxmi Prasad Baghel S/o Babulal Baghel, aged about 35 years, R/o G.E. Road, Pendri, Rajnandgaon, Tahsil & District Rajnandgaon C.G.

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---- Respondent/Plaintiff

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For Petitioner : Mr. Aditya Bhardwaj, Advocate.
For Respondent : None.
Hon'ble Shri Justice Sanjay K. Agrawal

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Order On Board

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09/05/2019

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By the impugned order dated 03/12/2018, defendant's opportunity to cross-examine plaintiff viz. Laxmi Prasad Baghel has been closed by the trial Court, against which instant writ petition has been preferred.

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Learned counsel for the petitioner/defendant would submit that it is a suit filed under Section 13 of the Hindu Marriage Act in which defendant's right to cross-examine the plaintiff has been closed abruptly without assigning any reason, therefore, the impugned order is liable to be set aside.

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I have heard learned counsel for the petitioner on the question of admission of writ petition and considered his submission and went through the record with utmost circumspection.

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The present petitioner is defendant before the trial Court in a suit filed under Section 13 of the Hindu Marriage Act for dissolving the marriage.

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Considering the submission made by learned counsel for the petitioner and taking into consideration, the nature of dispute being the matrimonial dispute it would be expedient to grant an opportunity to the defendant to cross-examine the plaintiff- Laxmi Prasad Baghel on the next date of hearing i.e. 25/06/2019 before the learned trial Court, subject to payment a cost of ₹ 2,500/-.

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With the aforesaid observation, the writ petition finally stands disposed of, reserving the liberty in favour of plaintiff to make an application for modification of this Order, if she feels aggrieved.

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A copy of this order be sent to the concerned trial Court/Family Court by E-mail/Fax itself.

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Sd/-

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(Sanjay K. Agrawal) Judge

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Pawan

Smt. Babli (Maya) Baghel v. Laxmi Prasad Baghel

Case brief

What is this about?

What did the court decide?

Smt. Babli (Maya) Baghel v. Laxmi Prasad Baghel

Case brief

What is this about?

What did the court decide?

What the court decided

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