NIKITA TIWARI Vs. SISHIR CHANDRA SHEKHAR

JUDGEMENT

(1.) Instant civil miscellaneous petition is filed for quashing the order dtd. 17/1/2024 passed by learned Principal Judge, Family Court, Bokaro in Original Suit No.14/2023. Petitioner/respondent filed the suit for divorce under Sec. 13(i) of the Hindu Marriage Act, 1955 in which learned Family Court examined the opposite party and discharged him from his further cross-examination.

(2.) It is submitted by the learned counsel on behalf of petitioner that the date was fixed on 17/1/2024 for cross-examination of the respondent, who happens to be the husband of this petitioner. As no interim maintenance amount had been paid under Sec. 24 of the Hindu Marriage Act, 1955 therefore, the petitioner prayed the Court to defer the cross-examination till the payment of the maintenance amount, which has been rejected, hence this civil miscellaneous petition. It is submitted that she is ready to cross-examine the witness provided one adjournment is granted.

(3.) It is submitted by learned counsel on behalf of the opposite party/plaintiff that at the first instance, the petitioner refused to cross-examine the witness and this petition for cross-examine the witness was filed after eleven months which discloses the intention to only delay and procrastinate the trial. Husband is Class I officer in Railway and on the last occasion, when he had come for his evidence, a false FIR had been lodged under Sec. 498A of the IPC and other Ss. . It is contended that opposite party apprehends harassment and false implication. It is also submitted that the interim maintenance is being paid.