Family Courts Should Not Adopt Hyper-Technical Approach And Close Party’s Right To Cross Examination In Hurry: Delhi HC

The Delhi High Court recently observed that family courts are not expected to take a “hyper-technical approach” and to close a party’s right to cross examination in a hurry.

The observation was made by a single bench of Justice Rekha Palli while setting aside a family court order rejecting a wife’s application for restoration of her right to cross-examine the husband, who had appeared as a prosecution witness.

“In matters like the present when the Court is dealing with petitions pertaining to Family Law, where the parties are already at loggerheads with each other, even though the matters are required to be decided expeditiously, the Court is expected to not adopt such a hyper-technical approach and close the right of the parties to cross-examine in such a hurried manner,” the bench noted.

It was the wife’s case that her right to cross-examine the husband was terminated without taking into account the fact that she was only given one opportunity to do so, on which date her counsel had requested time because a copy of the husband’s affidavit had not been provided.

Allowing the plea, Justice Palli stated, “I am of the considered opinion that even if the petitioner’s counsel’s plea of not having received the evidence by way of affidavit through e-mail or of being busy in a matter before this Court were to be discarded, the learned Family Court ought to have appreciated that closing her right to cross examine PW-1, who was admittedly the most crucial witness, would cause grave and irreparable prejudice to the petitioner.”

The bench quashed the impugned order on the condition that an unemployed widow who lost her husband during the COVID-19 pandemic pay Rs. 25,000 in costs.

Allowing the wife to cross-examine the husband, the court clarified that the Family Court will not grant her an adjournment.

It also stated that if the wife or her counsel fails to cross-examine the husband on the next date of hearing, July 24, no additional time will be granted.