ADITI GOYAL Vs. MANU GOYAL

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks to set aside the impugned order dated 07.09.2013, passed by learned Principal Judge, Family Court, Dehradun in original suit no. 350 of 2014, Manu Goyal vs Aditi Goyal, whereby the application no. 132C, moved by the petitioner has been rejected. A writ in the nature of mandamus has also been sought commanding the learned trial court to give adequate opportunity to the petitioner / defendant to appear and produce evidence in support of her claim.

(2.) Respondent filed a suit for divorce against the petitioner under Section 13 of the Hindu Marriage Act, which is pending adjudication before Principal Judge, Family Court, Dehradun. After the conclusion of evidence of the respondent, petitioner entered into the witness box. Her examination-in-chief was complete. She was partly cross-examined on the next date. Thereafter, she did not appear before the trial court on 2-3 consecutive dates. After that, an application was moved on behalf of the petitioner with a prayer to examine her other witnesses first and she be cross-examined subsequent thereto. Such an application was rejected by the trial court. The evidence of petitioner's other witnesses were recorded.

(3.) It may be noted here that other witnesses were examined only after the trial court rejected the application of the petitioner, whereby she prayed that she may be allowed to appear on some other date for her cross-examination. Rejection of such an application was challenged before this Court in WPMS no. 2093 of 2015. Such petition was permitted to be withdrawn with certain liberty to the petitioner. Subsequently, the petitioner again moved an application before the trial court with almost the same prayer. Thereafter, the petitioner moved an application for recall of orders dated 25.05.2015 and 27.05.2015, which was again dismissed by the trial court. In other words, petitioner's prayer for her cross-examination by the respondent was dismissed by the Principal Judge, Family Court, Dehradun and, hence, this writ petition.