K Lekha vs K Ravi Kumar

The petitioner has filed this writ petition under Article 227 of the Constitution of India as she has not been allowed for cross-examination of witness of the respondent / husband namely Gama @ Hamid Khan and proceeded ex-parte on 31.3.2022 in Civil Suit No.488/2018 pending before the First Additional Principal Judge, Family Court, Raipur.

Brief facts of the case are that the respondent / husband has filed a divorce petition under Section 13 of the Hindu Marriage Act, in which on hearing date i.e. 31.3.2022 the petitioner / wife could not appear and on such date the matter was proceeded ex-parte and one witness of the respondent / husband namely Gama @ Hamid Khan was examined. On the hearing date i.e. 23.4.2022 the petitioner has moved an application under Order 9 Rule 7 of the CPC, but no order has been passed by the Family Court to set aside the ex-parte order and only allowed the petitioner to produce her witness, so the petitioner has again moved an application on 11.5.2022 for cross-examination of witness of the respondent / husband, which has been disallowed by order dated 11.5.2022. Hence, this writ petition has been filed by the petitioner / wife.

Learned counsel for the petitioner would submit that the impugned order is bad in law as the Family Court without rejecting the application granted liberty to lead evidence on her behalf. She would further submit that she has filed an application under Order 9 Rule 7 of the CPC giving all such details and reasons for non-appearance as she was informed that case has been adjourned and further in bona fide manner she was waiting for payment of maintenance, but no payment was deposited by the respondent / husband and she has also stated several other reasons. So, she could not get proper information about proceeding. So, learned counsel prays to quash the impugned orders and allow the petitioner for cross-examination of the witness of the respondent / husband.

On the other hand, learned counsel for the respondent would only submit that the Family Court may be directed for expeditious disposal in accordance with law.

I have heard learned counsel for the parties and considered their rival submissions made hereinabove and also perused the documents annexed with writ petition.

Considering the submissions of learned counsel for the parties, particularly considering that the dispute between the parties relating to matrimonial and the petitioner / wife has stated various reasons in her application under Order 9 Rule 7 of the CPC and the Family Court without considering such grounds only permitted for further proceeding and not allowed for cross-examination of witness of the respondent / husband, which is not just and proper for fair adjudication.

Accordingly, the ex-parte proceeding initiated against the petitioner on 31.3.2022 is quashed and the petitioner / wife is permitted for cross-examination of witness of the respondent / husband namely Gama @ Hamid Khan. The respondent / husband is further directed to produce the said witness for cross-examination within 3 weeks from the date of production of copy of this order to the Family Court. The Family Court is further expected to decide the lis in expeditious manner.

With the aforesaid observation / direction, the writ petition finally stands disposed of. No cost(s).