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HIGH COURT OF DELHI
CRL.M.C. 6003/2022, CRL.M.A. 23533/202
YADVINDER SINGH ..... Petitioner
Through: Ms. Deepa Sharma and Mr. Kunal Nath, Advs.along with petitioner
Through: Mr. M. L. Chaudhary, Adv.
Date of Decision: 28th November, 2022
JUDGMENT
1. The present petition has been filed challenging the order dated 20th October, 2022 whereby the respondent’s (herein petitioner) request for examining the witnesses, other than himself was declined.
2. Learned counsel for the petitioner submits that sufficient opportunities were not given to her client for examining the witnesses and therefore the order of the learned Principal Judge, Family Court suffers from infirmity and illegality.
3. Learned counsel for the respondent has very graciously submitted that the petitioner may be allowed to lead evidence but some stipulated time frame may be laid down and the petitioner may also be burdened with the cost.
4. In view of the submissions made by the parties, the prayer of the petitioner for examining of witnesses as mentioned in the list of witnesses filed on behalf of the petitioner be allowed subject to the cost of Rs.15,000/-.
5. It has further been directed that the petitioner shall take steps immediately for summoning the witnesses and shall not seek any adjournment. If the petitioner makes two consecutive default in taking steps for summoning the witnesses or takes two adjournments consecutively for examining the witnesses, the right to lead the evidence shall stand closed.
6. In view of the above, the present petition along with pending application stands disposed of.
7. Parties are directed to appear before the learned Principal Judge, Family Court on 6th December, 2022.
8. Order dasti.
DINESH KUMAR SHARMA, J NOVEMBER 28, 2022 VERMA