SHIVANI RAJAK Vs. AKASH RAJAK @ AKASH CHAUHAN

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution is directed against the order dated 18.12.2012 passed by the Family Court. By the said order, the court below has closed the right of the petitioner/non-applicant to cross-examine the witnesses of the respondent/applicant.

(2.) DURING the pendency of the said matter (Case No. 86A/2010), the present petitioner filed an application, Annexure P/5 dated 18.12.2012. In the said application it is stated that the petitioner's sister is referred for treatment to Chandigarh and, therefore, since concerned files and documents are not available with the non- applicant, cross-examination is not possible and sometime may be granted. However, while arguing on the said application it is contended by the petitioner that the petitioner along with her younger sister has gone to Chandigarh and, therefore, another opportunity be granted. The said contention was disbelieved by the court below because there was no such averment in Annexure P/5 that the petitioner had accompanied her younger sister. In addition, since the application, Annexure P/5, is not supported by any affidavit, the court below rejected the application. It was rejected on the ground that on fourth opportunity to cross-examine the witnesses, the petitioner had failed to cross-examine.

(3.) SHRI J.P.Mishra, learned counsel for the respondent, opposed the same and submitted that this document/ticket is filed for the first time before this Court.