Gajanan Manikrao Mandekar vs Deepashri W/O Gajanan Mandekar
2022 Latest Caselaw 8457 Bom

                                   1



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   NAGPUR BENCH, NAGPUR.

            CRIMINAL WRIT PETITION NO. 591 OF 2022
          Gajanan Manikrao Mandekar, aged
          about 55 years, Occupation : Service R/
          o Akhar -Chhaya Hariom Colony,
          Bhojapur, at Post Tah. Kuhi, District -
          Nagpur
                                                    ... PETITIONER
                                VERSUS
          Deepashri w/o Gajanan Mandekar,
          aged about 44 years, occupation :
          Household, R/o C/o Shri Sharad
          Kashinath Bule, Near Shrikrishna
          Temple Adjacent to VHB Ground,
          Kedia Plots Akola, Distt. Akola

                                                  ... RESPONDENT
_____________________________________________________________
       Shri B.N. Mohta, Advocate for the petitioner.
       Shri N.R. Tekade, Advocate for the respondent.
______________________________________________________________

                         CORAM         :   VINAY JOSHI, J.

                         DATED.        :   26.08.2022.

ORAL JUDGMENT :

At the stage of admission, the matter is taken up for final

hearing by consent of both the parties.

2. The short challenge is raised by the petitioner - husband to

the imposition of costs of Rs.15,000/- by the Trial Court for allowing

the petitioner to cross-examine the respondent-wife. It reveals that the

Trial Court has passed No Cross order, that is why the petitioner has

applied for setting aside the No Cross order and to permit him to cross-

examine the wife. Though the Trial Court has allowed to cross-examine,

however, looking to the facts and circumstances, has imposed the costs

of Rs.15,000/- with a rider to permit the petitioner to cross-examine as

a last chance.

3. Allegations and counter allegations were made against each

other to contend on the point of delay caused in the proceedings.

Looking to the nature of controversy, it is not necessary to dwell upon

more. However, as the costs amount appears to be exorbitant, it has

been brought-down to Rs.7500/-.

4. In view of that the impugned order dated 17.06.2022 is

modified to the extent of reducing cost amount to Rs.7500/-. The

petitioner shall proceed with the cross-examination as directed by the

Trial Court with a rider that on the next date of the proceedings, the

petitioner shall commence the cross-examination.

5. The petition stands disposed of in above terms.

TRUPTI SANTOSHJI AGRAWAL (VINAY JOSHI, J.) 29.08.2022 12:26

Trupti