K LEKHA Vs. K RAVI KUMAR

JUDGEMENT

(1.) The petitioner has filed this writ petition under Article 227 of the Constitution of India as she has not been allowed for cross-examination of witness of the respondent / husband namely Gama @ Hamid Khan and proceeded ex-parte on 31/3/2022 in Civil Suit No.488/2018 pending before the First Additional Principal Judge, Family Court, Raipur.

(2.) Brief facts of the case are that the respondent / husband has filed a divorce petition under Sec. 13 of the Hindu Marriage Act, in which on hearing date i.e. 31/3/2022 the petitioner / wife could not appear and on such date the matter was proceeded ex-parte and one witness of the respondent / husband namely Gama @ Hamid Khan was examined. On the hearing date i.e. 23/4/2022 the petitioner has moved an application under Order 9 Rule 7 of the CPC, but no order has been passed by the Family Court to set aside the ex-parte order and only allowed the petitioner to produce her witness, so the petitioner has again moved an application on 11/5/2022 for crossexamination of witness of the respondent / husband, which has been disallowed by order dtd. 11/5/2022. Hence, this writ petition has been filed by the petitioner / wife.

(3.) Learned counsel for the petitioner would submit that the impugned order is bad in law as the Family Court without rejecting the application granted liberty to lead evidence on her behalf. She would further submit that she has filed an application under Order 9 Rule 7 of the CPC giving all such details and reasons for non-appearance as she was informed that case has been adjourned and further in bona fide manner she was waiting for payment of maintenance, but no payment was deposited by the respondent / husband and she has also stated several other reasons. So, she could not get proper information about proceeding. So, learned counsel prays to quash the impugned orders and allow the petitioner for cross-examination of the witness of the respondent / husband.