Tripura High Court
Mr. S. Lodh vs Mr. H.K. Bhowmik on 29 June, 2021
HIGH COURT OF TRIPURA
AGARTALA
CRP 32 of 2021
For Petitioner(s) : Mr. S. Lodh, Adv.
For Respondent(s) : Mr. H.K. Bhowmik, Adv.
HON'BLE MR. JUSTICE S. TALAPATRA
Order
29/06/2021
Heard Mr. S. Lodh, learned counsel appearing for the petitioner as well
as Mr. H.K. Bhowmik, learned counsel appearing for the sole-respondent.
2. This is a petition filed under Article 227 of the Constitution of India
challenging the order dated 25.03.2021 as passed in T.S.(Div.)357 of 2015
[Annexure-5 to this petition].
3. By the said order dated 25.03.2021, the Judge, Family Court, Agartala,
West Tripura has rejected the prayer seeking further accommodation for cross-
examination of DWs. There is no controversy that by the previous order i.e.
10.03.2021 the petitioner was directed to be present for cross-examination of DWs
as that would be the last chance for such cross-examination. Notwithstanding that
the order, the petitoner ventured to file a petition seeking further time on the
ground that his newly appointed counsel is busy in another case at Kailashahar.
4. Having recorded the ground based on which the time has been sought,
the Judge, Family Court, Agartala has observed as follows :p
"Petitioner was well aware of the fact that today is the last
opportunity for Cross of DWs. However, he has not taken any
initiative for Cross of DWs. The petitioner declined to cross-
examine the DWs. The time prayer filed by the petitioner is not
allowed keeping in the view the direction of the Hon'ble High
Court that this case should be disposed of within 6 months after
receiving the order of the Hon'ble High Court. The order of the
Hon'ble High Court was received on 21-11-2020 by this court."
5. It is to be noted that from the said order dated 25.03.2021, it further
surfaces that the respondent had brought the witnesses [DWs] to be cross-
examined by the petitioner. There is no challenge in respect of facts.
6. Mr. S. Lodh, learned counsel appearing for the petitioner has urged this
Court that one single opportunity to cross-examination DWs be granted, by relaxing
the time-frame as fixed by this Court by the order dated 25.09.2020 delivered in
CRP 07 of 2020. It is unfortunate that the petitioner is found always at fault.
7. Mr. H.K. Bhowmik, learned counsel appearing for the respondent has
strictly resisted such prayer holding that the suit is pending since 2015.
8. Having appreciated the submissions made by the learned counsel for the
parties, this Court does not find any infirmity in the impugned order. Having
considered on the touchstone of the substantive justice, this Court is of the view
that a further opportunity be afforded, which would be the ultimate opportunity for
the petitioner to cross-examine DWs but, such opportunity will be subject to
payment of Rs.10,000/- as cost within 7th of July, 2021. If that amount is not paid to
the respondent within the time as stiputated by this Court, the Family Court will not
act in terms of this order and the order dated 25.03.2021 shall be treated as final.
The suit for divorce shall be decided accordingly.
However, if the petitioner deposited the said amount of cost, as
indicated above, the Family Judge will appoint a date for the cross-examination of
DWs which will be the ultimate opportunity. On that day, the petitioner may cross-
examine DWs. Thereafter, the parties be heard and the suit be decided by
pronouncing the judgment.
In terms of the above, this petition stands allowed and disposed of.
JUDGE
Sabyasachi B
