Madhya Pradesh High Court
Smt. Deeksha Tomar@Munni vs Mukesh Tomar on 8 January, 2025
Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia
NEUTRAL CITATION NO. 2025:MPHC-GWL:402
1 MCRC-9611-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
ON THE 8 th OF JANUARY, 2025
MISC. CRIMINAL CASE No. 9611 of 2024
SMT. DEEKSHA TOMAR@MUNNI AND OTHERS
Versus
MUKESH TOMAR
Appearance:
Shri Saurabh Parashar - Advocate for the applicants.
Shri Shankar Singh Tomar- Advocate for the respondent.
ORDER
This application under Section 482 of Cr.P.C. has been filed against order dated
06/02/2024 passed by Principal Judge, Family Court Gwalior in Case No.20353/2016
by which application filed by applicant for grant of opportunity to cross-examine the
respondent has been rejected.
2. It is submitted by counsel for applicants that by order dated 21/06/2018
interim maintenance at the rate of Rs.5,000/- was awarded to applicant No.1 and
Rs.1,500/- each were awarded to applicants No.2 and 3. Examination-in-chief of
applicant No.1 was recorded on 16/05/2019 and on 02/03/2020, applicants closed their
evidence. Thereafter, on account of Covid-19 pandemic further proceedings could not
take place and accordingly, by order dated 17/02/2022, it was directed that since,
parties have not filed affidavit in the light of judgment passed by Supreme Court in the
case of Rajnesh V/s Neha reported in (2021) 2 SCC 324, therefore, they should file
their affidavits. Applicants filed her affidavit on 05/08/2022 but respondent did not file
his affidavit and filed other interlocutory applications.
3. On 11/03/2023, an application under Order 17 Rule 1 of C.P.C. was filed by
respondent for grant of time to examine him and accordingly, case was fixed for
NEUTRAL CITATION NO. 2025:MPHC-GWL:402
2 MCRC-9611-2024
12/06/2023. On 12/06/2023, applicants or their counsel could not appear and
accordingly, right of applicants to cross-examine respondent was closed and
respondent also filed his affidavit in compliance of judgment passed by Supreme Court
in the case of Rajnesh (supra). Thereafter, on the next date i.e. 19/06/2023, case was
dismissed in default on account of non-appearance of applicants and their counsel. Case
was restored back by order dated 22/01/2024 and it was fixed for final arguments.
Applicants filed an application seeking permission to cross-examine the respondent but
said application has been rejected by impugned order.
4. It is submitted by counsel for applicants that in case if applicants are not
permitted to cross-examine the respondent, then they would suffer irreparable loss.
Dates for examination of respondent were fixed as per his convenience. Furthermore,
affidavit in compliance of judgment passed by Supreme Court in the case of Rajnesh
(supra) was also filed only on 12/06/2023 and on the very next day i.e. 19/06/2023 the
case was dismissed in default, which was subsequently restored. Thus, it is submitted
that there is no deliberate attempt on the part of applicants to delay the proceedings and
accordingly, it is prayed that one more opportunity may be granted to applicants to
cross-examine the respondent.
5. Per contra, the applicant is vehemently opposed by counsel for respondent.
6. Heard the learned counsel for the parties.
7. This Court has already reproduced relevant dates and proceedings, which
were undertaken before Trial Court. Applicants closed their evidence on 02/03/2020.
Thereafter, parties were directed to file their affidavits as per direction given by
Supreme Court in the case of Rajnesh (supra) but that was not done by respondent till
12/06/2023 whereas applicants had filed her affidavit on 05/08/2022. It appears that
application was dismissed for want of prosecution on 19/06/2023 whereas from order-
sheet it appears that applicants and their counsel did not appear on 12/06/2023 and
19/06/2023. Once Trial Court has restored the proceedings by holding that sufficient
NEUTRAL CITATION NO. 2025:MPHC-GWL:402
3 MCRC-9611-2024
cause has been made out for restoration, then in all fairness it can be held that
applicants were entitled to cross-examine respondent who also filed his affidavit only
on 12/06/2023.
8. Considering the totality of the facts and circumstances of the case, order dated
06/02/2024 passed by Principal Judge, Family Court Gwalior in Case No.20353/2016
is hereby set aside.
9. Parties are directed to appear before Trial Court on 17/01/2025.
10. It is submitted by counsel for respondent that respondent is present in town
and, therefore, he will certainly appear before Trial Court on the said date.
11. Applicants are directed to cross-examine respondent on 17/01/2025. It is
made clear that for any reason if applicants fail to cross-examine the respondent, then
opportunity to cross-examine respondent shall automatically come to an end and order
dated 06/02/2024 passed by Principal Judge, Family Court Gwalior in Case
No.20353/2016 shall automatically stand revived.
12. Similarly, it is directed that if respondent fails to appear before Trial Court
on 17/01/2025 for his cross-examination, then his examination-in-chief shall stand
erased from record and it shall not be read.
13. With aforesaid observation, the application is finally disposed of.
(G. S. AHLUWALIA)
JUDGE
PjS/-
