BALWINDER KAUR Vs. TILAK RAJ

JUDGEMENT

(1.) THIS is a revision petition under Article 227 of the Constitution of India questioning the legality of order dated 22.04.2014 passed by Additional District Judge, Hoshiarpur in a divorce petition treating the cross -examination of respondent -husband as "NIL... Opportunity given."

(2.) LEARNED counsel for the petitioner has drawn attention of this Court to the interim order dated 27.01.2014 when respondent -husband appeared as PW -1 and his cross -examination was deferred for want of certain documents. On 17.02.2014 no evidence of the husband -respondent was present as such case was deferred to 03.03.2014. On 03.03.2014 again no evidence of the husband -respondent was present as such case was adjourned to 24.03.2014. On 24.03.2014 no evidence of the husbandrespondent was present as such case was deferred to 22.04.2014.

(3.) IT is contended by learned counsel for the petitioner that on 22.04.2014 when the case was called, the counsel for the petitioner -wife was busy in some other Court as such the counsel could not reach at the time when the case was called. The trial Court ordered that crossexamination be treated as "NIL". An application was filed on 02.05.2014 for cross -examination of the husband but the said application was disposed of as withdrawn on 06.01.2015. The petitioner wife changed her counsel in the divorce petition on account of inability of her earlier counsel in appearing in the Court at the time of cross -examination.