Cross-examined for 5 years in divorce case, man approaches HC

The husband’s lawyer B M Pathwardhan filed a petition in HC seeking disposing of the cross-examination of the husband, which has been going on since 2010.
The court questioned why the cross-examination of one witness was going on for five years and whether it is still currently continuing.

“I am shocked to know that the cross-examination of the husband has been going on since June 2010 and the evidence runs over 380 pages, spread over 66 sessions,” said Justice Mridula Bhatkar.

The wife’s lawyer Abhijit Sarwate, however, maintained that only 33 sessions had taken place till date. He has said the husband’s lawyer answered questions put before the witness during cross-examination, leading to the delay in completing the examination.

“The court adjudicates upon real issues and gives justice to parties. They are not to be used as a place to settle vengeance or vomit all other allegations against each other,” said the court. The high court added that the time of the court is the people’s time and lawyers must keep in mind social responsibilities “and not abuse the process of court and continue to fight on every possible provision of Civil Procedure Code and the Code of Criminal Procedure”.

Several allegations and counter allegations were made by the husband and wife against each other on several issues including maintenance.

“It has been submitted that the husband does not answer questions properly and objections are raised to each and every question. There is no dispute that the cross-examination of the husband should get over as early as possible,” the court noted. Restraining the parties from raising any further objections, the court further said that objections if at all will be given in writing to court which will be decided at the end. “Considering the volume of previous cross-examination, I direct that the Family Court should take up cross-examination of petitioner twice a week and the cross examination should be completed in not more then six hours,” added Bhatkar.

ruhi.bhasin@expressindia.com