KAILASH JUNEJA Vs. PREETI JUNEJA

JUDGEMENT

(1.) THE petitioner/husband has filed a divorce petition against the respondent/wife which is listed for final arguments before the learned trial court. A challenge has been made to the order dated 18.12.2010 by which opportunity of cross -examination of RW -1 i.e. the respondent/wife has been closed. The counsel for appellant submits that the respondent had filed her affidavit only on 16.12.2010. On the said date, the petitioner had given maintenance of Rs. 30,000/ - to the respondent and due to non -availability of counsel for petitioner/husband, the case was adjourned for 18.12.2010 subject to costs of Rs.1000/ -.

(2.) EVEN on 18.12.2010, the counsel for petitioner could not appear and the learned trial court has closed the opportunity of cross -examination of RW -1. It is stated that on the said date RE was closed and the matter was listed for final arguments.

(3.) THE respondent has all through appeared in person. She has opposed the present petition and has contended that keeping in view the facts and circumstances of the case, the petitioner is not entitled for any opportunity to cross -examine the respondent.