Mrs. Namrata Zakaria v. Rajiv Hiranandani

Dusane 1/2 501 wp 12887.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12887 OF 2019 Mrs. Namrata Zakaria .... Petitioner Vs.

Mr. Rajiv Hiranandani .... Respondent Mrs. Taubon F. Irani for Petitioner Mr. R.T. Lalwani a/w Mr. Prakash Mahadik for Respondent. Coram : NITIN W. SAMBRE, J.

Date : 24th January, 2020 P.C.:

1.

The learned counsel for the Petitioner expressed regret for the use of language in the Praecipe dated 23rd January, 2020 particularly in regard to attributions to this Court and makes a motion for withdrawal of the same unconditionally.

2.

The motion is accepted. The Praecipe is permitted to be withdrawn.

3.

An oral request is made by the learned counsel for the Petitioner for permitting continuation of cross-examination of the

Dusane 2/2 501 wp 12887.2019.doc respondent for one more Session of two hours before the Family Court, which prayer is objected by the learned counsel for the respondent. 4.

Learned counsel for the respondent-husband would urge that the Court for the reasons recorded while allowing the petition has granted two sessions of two hours each, whereas the Petitioner has already conducted and the respondent has undertaken crossexamination of 5 1⁄2 hours. According to him, the prayer for extension of cross-examination is liable to be rejected. 5.

In my opinion, in the light of scheme of Chapter X of the Evidence Act, provisions of Section 15 of the Family Courts Act, the conduct of the parties before the Family Court during the course of recording of cross-examination of the Petitioner on last dates, it will be appropriate to extend the time of one session of two hours for only one day, which the Family Court shall decide as per it's convenience. 6.

As such the request is allowed to the above extent. ( NITIN W. SAMBRE, J. )