JUDGEMENT
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(1.) The present petition arises out of a matrimonial dispute
between the parties. Both are qualified doctors. The husband has
approached this court impugning the orders dated 2.3.2012 and 12.3.2012,
whereby the petitioner has not been permitted to put the documents to the
respondent during cross-examination of the respondent-wife, who is the
petitioner before the court below and the same was treated as closed.
As the respondent-wife has already filed a caveat, hence both
the parties were heard for final disposal of the petition.
(2.) Learned counsel for the petitioner submitted that for effective
cross-examination of the respondent, the case file of a petition filed by the
respondent before the Guardian Judge, Amritsar was required. The same
was even directed to be summoned but was not received. The petitioner
cannot be made to suffer on that account. He further submitted that for
delay in cross-examination of the respondent-wife, the petitioner is not
solely to be blamed as on some occasions, even she did not appear, whereas
on 2-3 occasions, the case had to be adjourned as the Fast Track Courts
were abolished in the State. Still the submission is that the petitioner had
been doing all what is required to save the marriage. In fact, the parties
lived together till 18.5.2008 and all of a sudden thereafter the respondent
filed the divorce petition on 18.10.2008 alleged cruelty and other things
against the petitioner. The next date of hearing is stated to be 30.5.2012.
(3.) On the other hand, learned counsel for the respondent
submitted that the primary object of the petitioner is to delay the
proceedings. Though the respondent had been posted at different places
away from Amritsar, but she had been visiting the court almost regularly to
attend the hearings except on the dates when she could not get leave. The
affidavit in examination-in-chief of the respondent was filed on 20.3.2009
and thereafter the case is pending only for her cross-examination.
Considering the aforesaid facts, the petitioner does not deserve any further
opportunity for her cross-examination.;
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