My contested divorce case has been going on for past 5 years in Tis Hazari, Delhi. I am desperately looking for suggestions to speed up the trial.
One suggestion is to obtain directive from High court which I have already obtained. But it is not a time bound directive.
A second suggestion is to ask judge to allow cross-examination of all witnesses + petitioner + respondent under commissioner so that we can have day to day and long hours of cross-examination and finish this part at the earliest.
My questions to the forum:
1) Under what procedure of CPC, etc, can we ask judge to appoint commissioner to finish cross-examination?
2) I have heard that commissioner does not have power to sustain / overrule objections to questions from the other party. Is this a major drawback i.e. does it matter too much if some irrelevant questions come into the cross-examination?
3) Can the judge appoint a commissioner for day-to-day basis of cross-examination or will those dates also be one or more months apart just like the judge given dates?
4) Even if judge appoints commissioner, is the commissioner typically free enough to give daily dates?
5) How to ensure that other party also agrees to having speedy trial via commissioner even though they may want to delay the case?
6) Where does the cross-examination under commissioner take place? If it is in the usual courtroom after daily proceedings, there is only a small window of time to conduct proceedings? Or can the commissioner conduct the same outside the court also with independent computer/laptop (maybe even provided by us)?
7) If I move an application for the same, will my present case be stopped until this application is disposed off (after her reply) i.e. further delay, or will the case proceed anyway?
8) Instead of moving application, is it better to ask the judge verbally to save application time? Do judges in Tis Hazari typically encourage commissioner overseeing cross-examination.
Thanks a lot.
