The Delhi High Court has observed that cross-examination of witnesses should be concluded within a reasonable time, calling it an opportunity for the parties to counter the evidence given by the witness.
A single-judge bench of Justice Prathiba Singh in its held, “It is observed that cross-examination of a witness is meant to be an opportunity to the concerned party to rebut the evidence given by the witness. The same ought to be concluded within a reasonable time limit and cannot continue ad nauseam in a never-ending manner”.
In the said matter, the court was hearing the plea of a man involved in a “matrimonial litigation” with his wife since 2013. He had challenged an order passed by a family court on March 29 by which his right to cross-examine his wife had been closed. The husband’s evidence has also been closed and the matter has been fixed for final arguments.
The high court perused the facts and noted that the cross-examination of the wife by the husband before the family court had continued over several dates – April 30, 2022; July 18, 2022; July 19, 2022; and September 7, 2022.
Justice Singh thereafter said, “In the present case, repeated indulgences have been granted by this court as also by the ld. Family Court to the husband to conclude the cross-examination. As per the order sheets of the ld. Family Court, the cross examination seems to be continuing on dates after dates. Such cross-examination in matrimonial matters would be nothing more than sheer harassment. Under such circumstances, the Court is not inclined to grant any further opportunity to the husband to cross-examine the wife.”
The high court granted time to the husband to file his evidence in the matter by May 10 and directed, “The witnesses shall be produced before the ld. Family Court on two continuous dates i.e. on 17th May, 2023 and 18th May, 2023. On the said dates, the cross-examination of the same shall be concluded and no further opportunity shall be granted to either of the parties.”
The high court granted the husband this opportunity while imposing a cost of Rs 50,000 on him to be paid to his wife within two weeks, and further directed that immediately after the evidence stage is concluded, the matter will proceed for final arguments by both sides.
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