High Court granted cross-examination opportunity to a woman who had sought to cross-examine her husband in a marital dispute. The husband was a prosecution witness. She had to move to the High Court as the family court had denied her the right to do so.
High Court shed light on the significance of just and fair trial especially in matrimonial cases. The Court also stated that the matters should be expedited but not at the cost of justice. A rigid technical approach should not be adopted by the trial court. Court agreed that it has caused prejudice to the woman and rejected the contention of the husband that the wife has been deliberately delaying the cross-examination.
The woman was directed to pay Rs. 25,000 as cost to husband and granted her a last opportunity to do the cross-examination.
Source: https://lawtrend.in/family-courts-are-expected-not-to-adopt-a-hyper-technical-approach-and-close-the-right-of-cross-examination-of-a-party-in-a-hurried-manner-delhi-hc/
