Soni Gupta v. Gaurav Garg

Delhi High Court · 05 May 2025 · 2025:DHC:3343
Manoj Jain
CM(M) 820/2025
2025:DHC:3343
family other

AI Summary

The High Court held that the Trial Court has discretion to grant additional dates for cross-examination in divorce proceedings within a reasonable time frame and refused to grant extensions in advance.

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CM(M) 820/2025 1
HIGH COURT OF DELHI
Date of Decision: 05th May, 2025
CM(M) 820/2025 & CM APPL. 26881-26882/2025
SONI GUPTA .....Petitioner
Through: Mr. S.S. Panwar, Ms. Nivedita, Mr. Ravi Panwar, Advs.
VERSUS
GAURAV GARG .....Respondent
Through: Mr. Prabhat Kumar, Adv.
WITH
respondent in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Petitioner is defending a petition seeking divorce filed by her husband.

2. The grievance in the present petition is very limited.

3. The cross-examination of her husband is underway and according to learned counsel for the wife, in view of the fact that the examination-in-chief is very exhaustive and reliance has been placed upon several documents, the counsel for the wife is not in a position to conclude cross-examination within the three dates granted by the learned Trial Court. The request is, therefore, to grant two more dates for concluding cross-examination.

4. The cross examination is now scheduled on 06.05.2025, 15.05.2025 and the third date is yet to be fixed by the learned Local Commissioner.

5. Needless to say, the cross-examination is not to be done in perpetuity and it has to be concluded in a reasonable time bound-manner. However, at CM(M) 820/2025 2 the same time, there can't be any strait jacket formula, deciding about the time-frame for concluding such cross-examination.

6. Learned counsel for respondent/ husband is also present on advance notice.

7. After hearing arguments from both the parties and without expressing any opinion with respect to rival contentions, the present petition is disposed of with the liberty to the petitioner wife to make appropriate request before the learned Judge, Family Court afresh, in case she is not able to conclude her cross-examination within the above said three dates. It will be entirely up to the learned Trial Court to consider any such request and to take appropriate decision in accordance with law.

8. Needless to say, this order may not be construed as if this court has, in advance, granted any such indulgence to the petitioner/wife

9. Petition along with Pending applications stand disposed of in the aforesaid terms.

JUDGE MAY 5, 2025/neha/shs