GURPREET KAUR Vs. MANISH CHADHA

JUDGEMENT

(1.) Submissions were addressed in the appeal by both the sides on the previous date i.e. 18/7/2023. However, on the request of the appellant, the matter was directed to be listed for today i.e. 2/8/2023 to explore the possibility of any settlement between the parties. Both the parties have been called in the chamber for interaction. Efforts were made for reconciliation but the parties are not ready for any settlement at this stage.

(2.) This appeal under Sec. 19 of the Family Courts Act, 1984 has been filed against the Order dtd. 14/2/2023 whereby the application of the appellant for setting aside the Order dtd. 28/5/2022 closing the opportunity to cross-examine the respondent, was dismissed.

(3.) It is submitted in the application that the Divorce Petition bearing No. HMA 5862185/16 has been filed on behalf of the respondent in December 2009. The pleadings were completed in the Divorce Petition on 28/4/2010. Thereafter, the issues were framed on 12/1/2017. The matter was listed for the evidence of the respondent (who was the petitioner in the divorce petition). The appellant herein (who is the respondent in the divorce petition) was granted opportunity on various dates for cross-examination of the respondent. However, it is asserted that despite genuine and bona fide efforts on the part of the appellant for amicable settlement, the parties were unable to arrive at a settlement. On some dates, the cross-examination of the respondent herein could not be conducted on account of Covid-19. Thereafter, the respondent/husband was cross-examined in part on 7/4/2022 but the counsel for the appellant could not cross-examine the respondent on the adjourned dates i.e. on 26/5/2022 and 28/5/2022. The opportunity of the appellant to further cross-examine the respondent was closed on 28/5/2022.