Bombay High Court
Ashvini Ashish Moon vs Ashish Naresh Moon on 20 January, 2025
2025:BHC-NAG:647
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO. 57 OF 2025
PETITIONER : Sau. Ashwini Ashish Moon,
Aged about 36 years, Occupation : Nil,
R/o At Khante Nagar, Plot No. 7, near
Rahul Balsadan Aashram,
Nagpur -440017 Police Station Pachpaoli.
VERSUS
RESPONDENTS : Shri Ashish Naresh Moon,
Aged about 43 years, Occupation -
Service, R/o 28/B, Bhagwan Nagar,
Near Balaji Bus Stop, Sainath School,
Parvati Nagar, Nagpur-27
Mob.:9907198705, 7077756275
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Ms. Kanak Mandpe, counsel h/f Mr. Y.B. Mandpe, counsel for
petitioner.
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CORAM : URMILA JOSHI-PHALKE, J.
DATE : 20/01/2025
ORAL JUDGMENT :
1. Rule.
2. Rule made returnable forthwith. Heard finally by
consent of learned counsel Ms. Kanak Mandpe for the petitioner.
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3. By this writ petition, the petitioner has challenged the
order below Exhibit No.42 dated 18/12/2024 passed by the Judge,
Family Court No.2, Nagpur, rejecting the application of the
petitioner which was filed for setting aside no cross-examination
and closing the evidence of the petitioner
4. Heard learned counsel for the petitioner, who
submitted that only once, as learned counsel was busy in another
Court, the adjournment application was filed, but the Family Court
without giving an opportunity to the present petitioner to cross-
examine the respondent passed the order of no cross-examination,
and the application filed by the present petitioner for setting aside
the no cross-examination order is also rejected and no opportunity
was granted to the present petitioner to cross-examine the
witnesses.
5. From the order, it reveals that matrimonial
proceedings is pending between the petitioner and the respondent
before the Family Court No.2, Nagpur. The present petitioner, who
is an applicant therein, has already adduced her evidence and the
record shows that on 18/11/2024, on the request of learned
counsel for the applicant, the cross was adjourned. Thereafter
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02/12/2024, the matter was fixed for cross-examination of the
respondent. On that day, learned counsel for the petitioner was
present in the morning session, but he remained absent. Hence, in
the afternoon session, no cross-examination was conducted on
02/12/2024, and the matter was kept on 03/12/2024. Till
evening of 03/12/2024 no cross-examination was conducted and
therefore, the order came to be passed against the present
petitioner.
6. From the order passed by the Family Court, it reveals
that, without due reason, the cross-examination of respondent was
kept pending. Till evening of 03/12/2024 no cross-examination of
the witness was taken on a mere reason that, the learned counsel
for the petitioner was busy in another court and it cannot be a
reason to grant an adjournment. However, in the interest of
justice, an opportunity is to be granted to the present petitioner to
cross-examine the witness. However, the petitioner shall not seek
unnecessary adjournment and shall not harassed the respondent
by keeping him waiting till the evening. Now, the matter is already
listed on 23/01/2025. Learned counsel for the petitioner shown
his willingness to cross-examine the respondent on 23/01/2025
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itself.
7. Considering the submission and statement made by
the learned counsel for petitioner, the petition deserves to be
allowed. Hence, I proceed to pass the following order.
a] The criminal writ petition is allowed.
b] The order passed by the Family Court No.2, Nagpur
dated 18/12/2024, rejecting the application of the
petitioner for setting aside the no-cross order is
hereby quashed and set aside.
c] The petitioner is permitted to cross-examine the
respondent on 23/01/2025.
d] The Family Court, Nagpur shall not entertain any
adjournment application of the present petitioner on
23/01/2025.
8. Rule is made absolute in the above terms. No order as
to costs.
[URMILA JOSHI-PHALKE, J.]
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Signed by: Mr. R.K. NANDURKAR
Designation: PA To Honourable Judge
Date: 22/01/2025 17:47:11
