Rampal Singh (bussiness) 03 August 2015

Adjournment not granted

Divorce case(filed by wife) is in cross-examination stage. On 31/7, wife appeared for cross-examination after submitting her written testimony just two days before and my lawyer asked time to prepare cross-examination. Judge took the view that since girl is here on leave from job, so next day be given. My lawyer again asked for one month time and on next day since he needed documentary evidence from US to help him during cross-examination. Judge passed the order that opposite party(we) have lost opportunity to oppose girl's statement and he shall proceed with final arguments. What are my options now? We desperately want to cross-examine the girl, we have good evidence which we wanted to confront her during cross-examination. Can this order be appealed?

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Rampal Singh (bussiness) 03 August 2015

Also, another query related to same case. In her original application, wife has not asked for any alimony(she wants divorce really quickly as she is already living with another partner). Can she ask for alimony after getting decree of divorce?

prabhakar advocate (advocate) 03 August 2015

Against the trial court's order, you can move a petition under Article 227 read with Section 151 of C.P.C. in High Court seeking opportunity to cross examine the wife. You must satisfy the High Court, you have not been playing delaying tactics and your request for adjournment before trial court was a genuine one. I am fumbled if you lost the opportunity to cross-examine the petitioner wife, then the matter will not be adjourned for arguments. It will be put for respondent husband's evidence. You should enquire with your advocate about this point. Next query is that once she got divorce, she has got a right to move an application under Section 25 of HMA for permanent alimony.

Prabhakar, Advocate (Delhi) M-9958670740.

Legal Aid Panelist - Family Courts - Central Delhi (Tis Hazari)