Rachit Jain v. Neha Jain

1. Petitioner has filed a petition seeking divorce on the ground of cruelty.

2. When such petition was taken up by the learned Trial Court on 11.03.2025, an application was moved by respondent/wife seeking reopening of her right to further cross-examine the petitioner’s witness.

3. Learned Judge, Family Court has merely issued notice with respect to the above said application for the date fixed and such order is under challenge.

4. Obviously, the grievance raised by the petitioner is totally pre-mature.

5. Even if, it is assumed for a moment that the abovesaid application moved by her is without any merit or substance and that she was not entitled CM(M) 547/2025 2 to any further opportunity in view of some orders passed by this Court, it would not mean that the Court is precluded from hearing arguments on the abovesaid application or even seeking reply from the opposite side.

6. Therefore, evidently, the concern expressed by the petitioner is pre-mature and unfounded and that the present petition has been filed, while being unnecessarily apprehensive.

7. The petition is, accordingly, dismissed in limine.

8. Needless to say, this Court has not made any observation with respect to the above said application moved by the respondent under Section 151 CPC and it would be upto the learned Judge, Family Court to consider the same and to dispose it of in accordance with law, albeit, without there being any further delay in the matter.

JUDGE MARCH 25, 2025/sw/js