The High Court
Case Details
CRR(F)-1060 1060-2025 (O&M) - -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH (112) Arun Deeksha CRR(F)-1060-2025 (O&M) .07.2025 Date of Decision:- 28.07.2025 petitioner ……petitioner Versus ……Respondent ……Respondent CORAM:
Legal Reasoning
The respondent is at liberty to approach this Court in case the at liberty to approach this Court in case the respondent is aggrieved by this order. respondent is , 2025 July 28, 2025 manju Whether speaking/reasoned: Whether Reportable:- Whether Reportable: speaking/reasoned:- Yes/No Yes/No (ALOK JAIN) JUDGE MANJU 2025.08.06 10:25 I attest to the accuracy and integrity of this document
Arguments
ALOK JAIN HON’BLE MR. JUSTICE ALOK JAIN **** Present: Mr. Ajay Kumar Gupta, Advocate for the , Advocate for the petitioner. ALOK JAIN, J. (Oral) ALOK JAIN, CRM-28366 28366-2025 20 Prayer in this application is for condonation of delay of 20 Prayer in this application is for condonation of delay of days in filing the petition. days in filing the For the reasons stated in the application, the same is allowed. For the reasons stated in the application, the same is allowed. For the reasons stated in the application, the same is allowed. Delay of 20 stands condoned. days in filing the petition stands condoned. CRR(F)-1060 1060-2025 1. , The present revision petition has been filed, inter alia, The present revision petition has been filed, passed by the Learned Additional challenging the order dated 07.04.2025 passed by the Learned Additional passed by the Learned Additional challenging the order dated District Judge, Family Court, Bhiwani, whereby an application filed by the District Judge, Family Court, Bhiwani, whereby an application filed by the District Judge, Family Court, Bhiwani, whereby an application filed by the District Judge, Family Court, Bhiwani, whereby an application filed by the petitioner seeking permission to cross-examine r petitioner seeki espondents No. 1 and 2 examine respondents No. 1 and 2 regarding the affidavits filed by them in the proceedings under Section 125 regarding the affidavits filed by them in the proceedings under Section 125 regarding the affidavits filed by them in the proceedings under Section 125 regarding the affidavits filed by them in the proceedings under Section 125 Cr.P.C. was dismissed. Cr.P.C. was dismissed. 2. Learned counsel for the petitioner submits that the petitioner Learned counsel for the petitioner submits that the petitioner Learned counsel for the petitioner submits that the petitioner (respondent husband) is diligently contesting the petition under Section 125 -husband) is diligently contesting the petition under Section 125 husband) is diligently contesting the petition under Section 125 MANJU 2025.08.06 10:25 I attest to the accuracy and integrity of this document CRR(F)-1060 1060-2025 (O&M) - -2- Cr.P.C., and during the proceedings before learned Court below Cr.P.C., and during the proceedings , when the before learned Court below, when the respondent- wife appear as PW-1 filed her affidavit on , and filed her affidavit on 13.02.2025, and 2, who happens to be the father of subsequently when the affidavit of PW-2, who happens to be the father of 2, who happens to be the father of subsequently when the affidavit of PW wife, was filed, the petitioner immediately moved an the respondent-wife, was filed, the petitioner immediately moved an wife, was filed, the petitioner immediately moved an the respondent application seeking permission to cross-examine PW application seeking permission to cross examine PW-1 and PW-2. 3. Learned counsel for the petitioner has fairly submitted that the for the petitioner has fairly submitted that the the petitioner impugned order came to be passed as the application filed by the petitioner impugned order came to be passed as the application filed by impugned order came to be passed as the application filed by did not disclose complete particulars. Therefore, he prays that the impugned did not disclose complete particulars. Therefore, he prays that the impugned did not disclose complete particulars. Therefore, he prays that the impugned did not disclose complete particulars. Therefore, he prays that the impugned e the petitioner to file a fresh application. order be set aside only to enable the petitioner to file a fresh application. order be set aside only to enabl 4. Considering the nature of the order being passed, I do not find Considering the nature of the order being passed, I do not find Considering the nature of the order being passed, I do not find it to be a fit case where notice of motion should be issued to the it to be a fit case where notice of motion should be issued to the it to be a fit case where notice of motion should be issued to the it to be a fit case where notice of motion should be issued to the respondents and the matter can be disposed of by setting aside the order respondents and the matter can be disposed of by setting aside the order respondents and the matter can be disposed of by setting aside the order respondents and the matter can be disposed of by setting aside the order dated 07.04.2025 , solely to enable the petitioner to file a fresh application 07.04.2025, solely to enable the petitioner to file a fresh application , solely to enable the petitioner to file a fresh application - detailing the complete particulars as to why the petitioner seeks to cross- detailing the complete particulars as to why detailing the complete particulars as to why examine PW-1 and PW-2. examine PW 5. In light of the above, the present petition is disposed of, and In light of the above, the present petition is disposed of, and In light of the above, the present petition is disposed of, and , though being legal and valid, is set the impugned order dated 07.04.2025, though being legal and valid, is set , though being legal and valid, is set the impugned o aside only to enable the petitioner to file a fresh application seeking aside only to enable the petitioner to file a fresh application seeking aside only to enable the petitioner to file a fresh application seeking aside only to enable the petitioner to file a fresh application seeking permission to cross-examine PW-1 and PW- permission to cross -2, with full particulars. 6. an It is made clear that this order shall not be taken as an It is made clear that this order shall not be taken as expression of opinion on the merits of the case, expression of op and the Court of competent inion on the merits of the case, and the Court of competent assess and consider the said application on its own jurisdiction shall re-assess and consider the said application on its own assess and consider the said application on its own jurisdiction shall re merits and in accordance with law. merits and in accordance with law. 7. d, the It is also clarified that, in case such an application is filed, the It is also clarified that, in case such an application is file MANJU 2025.08.06 10:25 I attest to the accuracy and integrity of this document same shall not be a ground to delay the filing of the affidavit by the same shall not be a ground to delay the filing of the affidavit by the same shall not be a ground to delay the filing of the affidavit by the same shall not be a ground to delay the filing of the affidavit by the CRR(F)-1060 1060-2025 (O&M) - -3- petitioner in the proceedings so that pleadings may be completed. The petitioner in the proceedings so that pleadings may be completed. The petitioner in the proceedings so that pleadings may be completed. The petitioner in the proceedings so that pleadings may be completed. The Court may also consider that the petitioner has filed his affidavit in Court may also consider that the petitioner has filed his affidavit in Court may also consider that the petitioner has filed his affidavit in Court may also consider that the petitioner has filed his affidavit in evidence and, if it is inclined to allow cross evidence and, if it is inclined to al examination of the respondent, low cross-examination of the respondent, examine a similar opportunity shall be granted to the respondent to cross-examine a similar opportunity shall be granted to the respondent a similar opportunity shall be granted to the respondent the petitioner, in the interest of justice. the petitioner 8. subject to Accordingly, the present petition is disposed of, subject to Accordingly, the present petition is disposed of, costs of ₹2,500/ ₹2,500/-, to be paid by the petitioner to the respondent he petitioner to the respondent. 9.