Soni Gupta v. Gaurav Garg
Case brief
What is this about?
Petitioner opposed a divorce petition based on evidence introduced beyond pleadings. Court clarified her right to cross-examine documents without waiving objections and dismissed the petition as not pressed.
What did the court decide?
Petition dismissed as not pressed. Petitioner permitted to cross-examine documents without prejudice to her rights and objections.
What the court decided
$~93
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CM(M) 648/2025 & CM APPL. 20487-20488/2025
SONI GUPTA .....Petitioner
Through: Mr. S.S. Panwar with Ms. Nividita Panwar, Mr. Ravi Panwar, Mr. S.D. Baloni and Mr. Nawal Kishore, Advocates.
versus
GAURAV GARG .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R % 07.04.2025
- Petitioner/wife is defending a petition which seeks divorce on the ground of cruelty.
- According to Sh. S.S. Panwar, learned counsel for the petitioner/wife, when the affidavit was filed by the husband, he made reference to several documents which were beyond pleadings. He also made reference to certain documents which had been merely placed on record along with replication, without taking any leave of the Court. He submits that, therefore, these documents cannot be tendered into evidence.
Issues for consideration
3 issues framed by the court
Whether petitioner is in default for not raising objections to evidence placed on record below cross-examination stage.
Whether petitioner can cross-examine documents without waiving previous objections regarding pleadings.
Whether summary petition challenging evidence procedure should be dismissed as not pressed.
Parties & counsel
- petitioner
Soni Gupta
- respondent
Gaurav Garg
Coram
Manoj Jain
Case details
As recorded by the court registry
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