Hyper-Technical Approach not worthy to be followed by Family Courts: Delhi High Court

The High Court had observed that family courts can’t curb the cross-examination right. The High Court stated that courts should decide matters quickly and avoid a hyper-technical approach in matrimonial cases.

Family Court hadn’t accepted the application of the wife. She had filed an application for her cross-examination right to be restored. The husband had appeared as a prosecution witness. He was the most important witness in the case. The Family Court provided the wife with just one chance to do the cross-examination of the husband.

High Court highlighted the grave prejudice caused to the wife. Court imposed Rs. 25,000 as a cost. They would pay this to a Covid-19 death victim widow who is unemployed.

High Court said that this will be the last opportunity for cross-examination of the husband. It added that no adjournment should be granted to the wife.

 

Source: https://www.livelaw.in/high-court/delhi-high-court/delhi-high-court-family-courts-right-to-cross-examination-matrimonial-cases-229215

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