Sumit Tanwar v. Anjali Tanwar

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MAT.APP.(F.C.) 37/2024 and C.M. Nos. 4935-36/2024 SUMIT TANWAR ..... Appellant Through:

Mr C. Parkash and Mr Shrey Tanwar, Advocates.

versus ANJALI TANWAR ..... Respondent Through:

Mr Prateek Chaudhary and Mr Ravinder Kumar, Advocates.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 29.01.2024 [Physical Hearing/Hybrid Hearing (as per request)] 1.

The present appeal is directed against the order dated 03.10.2023, passed by the learned Additional Principal Judge, Family Court (West), Tis Hazari Courts, Delhi.

2.

The singular ground on which the above-captioned appeal has been preferred is the rejection of the prayer made by the appellant/husband to recall the respondent/wife for cross-examination. 3.

Mr C. Parkash, learned counsel, who appears on behalf of the appellant/husband, does not dispute the fact that the respondent/wife was cross-examined on two dates, i.e. 11.08.2023 & 26.08.2023. 3.1 According to Mr Parkash, there are certain aspects qua which crossexamination was not carried out. MAT.APP.(F.C.) 37/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 02:38:49

4.

It appears that there has been a change in the counsel who represents the appellant/husband, which triggered the application seeking the respondent/wife for cross-examination. In our view, this reason by itself cannot be a ground for recalling the witness. 5.

The respondent/wife, as noted above, has concededly been crossexamined on the two dates. 6.

We find no ground to interfere with the impugned order. The appeal is, accordingly, dismissed.

7.

Resultantly, pending applications have been rendered infructuous. 8.

The applications are, accordingly, closed.

RAJIV SHAKDHER, J AMIT BANSAL, J JANUARY 29, 2024/kd Click here to check corrigendum, if any MAT.APP.(F.C.) 37/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 02:38:49