SURMA Vs. SANTRA

JUDGEMENT

(1.) This revision is directed against the judgment dated 4.1.2017 passed by the District Judge, Family Court, Rohtak on the petition filed under Sec. 125 Crimial P.C. vide which Rs. 4,000.00 per month was allowed as maintenance to the respondent.

(2.) The issue for examination in this revision first is whether the husband has a right to cross-examine the witness in a petition filed under Sec. 125 Crimial P.C. and could a condition be put.

(3.) The petitioner here disputes the relationship between the parties. Santra by way of her evidence tendered her affidavit Ex. PW1/A in evidence and closed her evidence. No right of cross-examination was given. The case was adjourned for respondent's evidence. Surma did not appear on the adjourned hearings and then he moved an application seeking permission to cross-examine the respondent which was allowed by the Family Court vide order dated 4.10.2016 and permission was granted to cross-examine the witness with a rider that cross-examination would be conducted in the presence of the petitioner.