Ranjana Sharma @ Ranjana Rani. v. Sarwan Kumar Sharma

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 390/2024, CM APPL. 69174/2024-Stay RANJANA SHARMA @ RANJANA RANI .....Appellant Through:

Mr. R.S.Rai, Advocate versus SARWAN KUMAR SHARMA .....Respondent Through:

Mr. Arun Kumar Singh, Advocate

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MR. JUSTICE SAURABH BANERJEE % 17.02.2025

O R D E R

1.

The present appeal under Section 19 of the Family Courts Act, 1984 seeks to assail the order dated 11.09.2024 passed by the learned Family Court, Karkardooma Courts, Delhi, in HMA No. 1671/2019 rejecting the application of the appellant/ wife for permission to cross-examine the respondent/ husband.

2.

Even though, we are of the view that the appeal itself would not be maintainable, however, taking into account that the learned counsel for the respondent fairly submits that in order to ensure the expeditious disposal of the respondent's pending petition for divorce, he has no objection to the appellant being granted an opportunity to cross-examine the respondent. 3.

Accordingly, we are disposing of the present appeal alongwith the pending application by setting aside the impugned order and directing that the appellant will be entitled to cross-examine the respondent for a 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 19/02/2025 at 12:07:55

maximum of two dates.

4.

However, taking into account that the appellant had earlier already been granted several opportunities to cross-examine the respondent, we are of the view that the appellant should be saddled with some token costs for this additional opportunity. As such, while allowing the appeal, we direct that the appellant would pay costs of Rs.10,000/- to the respondent by or on the next date of hearing before the learned Trial Court, i.e. 27.02.2025. 5.

The respondent will accordingly appear before the learned Family Court for cross-examination on 27.02.2025, on which date, the learned counsel for the appellant will ensure that he conducts the cross-examination. 6.

We further direct that the appellant will not be granted more than two opportunities to cross-examine the respondent. We however make it clear that in case for any reasons, the learned Family Court is not able to take up the matter for cross-examination of the respondent on 27.02.2025, the appellant will be granted another date as per the convenience of the Court. In any event, as already directed, the appellant will not be granted more than two dates to cross-examine the respondent.

REKHA PALLI, J SAURABH BANERJEE, J FEBRUARY 17, 2025/So 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 19/02/2025 at 12:07:55