Avnish Chand v. Nitesh Sharma

$~2 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CM(M) 70/2018 and C.M. Appl. 1814/2018 ..... Petitioner Through:

Mr. Vivek Kishore, Advocate versus N ..... Respondent Through:

Mr. Amit Sharma and Mr. Paranjay Sharma, Advocates

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 23.03.2018 1.

The petitioner has challenged the order dated 07th November, 2017 whereby the learned Family Court has closed the petitioner's right to crossexamine the respondent and listed the case for petitioner's evidence. The petitioner is seeking one last opportunity to cross-examine the respondent. 2.

Learned counsel for the petitioner submits that the petitioner is in judicial custody since March, 2016 and, therefore, could not properly pursue the proceedings.

Learned counsel for the petitioner submits that the petitioner shall not seek any adjournment on the date fixed by the Family Court for the cross-examination. The statement is taken on record. 3.

In the interest of justice, one last opportunity is granted to the petitioner to cross-examine respondent No.1.

4.

Learned counsels for both the parties submit that the proceedings are listed before the Family Court tomorrow. The learned Family Court shall fix a date for cross-examination of the respondent. 5.

Learned counsel for the respondent submits that the petitioner is

delaying the proceedings to which learned counsel for the petitioner submits that the petitioner shall not delay the proceedings and shall also not seek any unnecessary adjournment before the Family Court. The statement is taken on record. The Family Court shall expedite the hearing of the respondent's petition for dissolution of marriage.

6.

This petition and the pending application are disposed of in the above terms.

7.

The record of the Family Court be returned back forthwith through a special messenger.

8.

Copy of this order be given dasti to counsels for the parties under signatures of the Court Master.

J.R. MIDHA, J.

MARCH 23, 2018 rsk