Prabhjit Kaur v. Mangaljeet Singh

YOGESH SHARMA 2018.12.03 11:14 I attest to the accuracy and integrity of this document CR-7056-2016 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-7056-2016 (O&M) Date of decision : 26.11.2018 Prabhjit Kaur ... Petitioner

Versus

Mangaljeet Singh ... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. G.S. Nagra, Advocate for the petitioner.

Mr. L.M. Gulati, Advocate for the respondent.

**** AMIT RAWAL, J.

The present revision petition is directed against the impugned order, whereby the cross-examination of PW1 and PW2, despite vehemence contest, has been treated as 'Nil'.

Learned counsel for the petitioner submitted that the trial Court below ought not to have treated the cross-examination as 'Nil' and should have given one opportunity.

Mr. L.M. Gulati, learned counsel for the respondent supports the impugned order as numerous opportunities were availed by the petitioner-defendant.

I am afraid the aforementioned argument of Mr. Gulati, is not sustainable as once the suit is contested with vehemence, the Court below should not have taken away the opportunity to cross-examine the witnesses of the respondent-husband.

YOGESH SHARMA 2018.12.03 11:14 I attest to the accuracy and integrity of this document CR-7056-2016 (O&M) Resultantly, the impugned order is set aside. The revision petition stands allowed. As a fallout, the petitioner-wife is permitted to cross-examine PW-1 and PW-2.

26.11.2018 Yogesh Sharma ( AMIT RAWAL ) JUDGE  Whether speaking/reasoned Yes/ No  Whether Reportable Yes/ No