POOJA SHARMA Vs. ARUN SHARMA

JUDGEMENT

(1.) The present appeal under Sec. 19 of the Family Courts Act, 1984 assails Order dtd. 18/12/2024 passed by the learned Family Court, Patiala House Courts, New Delhi in HMA No.829/2018. Vide the impugned order, the learned Family Court has not only rejected the appellant's request for deciding her application for maintenance before proceeding with the merits of the pending petition, but has also closed her right to examine herself on account of her inability to appear for cross-examination on 18/12/2024.

(2.) We may note at the outset that though the appellant had presented herself for cross-examination for the entire day on 16/12/2024 and from 02:00 P.M. to 04:00 P.M. on 17/12/2024, she had failed to appear for cross- examination on 18/12/2024 and a request for postponing the date of 18/12/2024 was made to the learned Family Court on 17/12/2024 itself. The learned Family Court has, however, after observing that this was one of the oldest pending cases, passed the impugned order thereby closing the right of the appellant to examine herself.

(3.) In support of the appeal, learned counsel for the appellant submits that the Family Court ought to have first decided her application under Sec. 24 of the Hindu Marriage Act, 1955 (hereinafter 'HMA'). Further, he contends that taking into account that the appellant is doing a private job so as to sustain herself after being deserted by the respondent/ husband, the learned Family Court ought to have appreciated that she could not be granted endless leave. It is only on account of urgent professional commitments that she had made a request before the learned Family Court on 17/12/2024 itself to defer hearing informing the Court that she would not be in a position to appear for cross-examination on 18/12/2024. The learned Family Court however, rejected the said request and proceeded to close her right to examine herself.