Cross Examination Of Witness Can’t Continue In A Never Ending Manner, Must Be Concluded Within Reasonable Time: Delhi High Court

The Delhi High Court has observed that the cross-examination of a witness has to be concluded within a reasonable time limit and that it cannot continue “ad nauseam” in a never ending manner.

Observing that cross-examination of a witness is an opportunity to the party to rebut the evidence given by such witness, Justice Prathiba M Singh took strong note of a matrimonial case where cross examination of wife by the husband continued before the Family Court “on dates after dates.”

“Such cross-examination in matrimonial matters would be nothing more than sheer harassment,” the court said.

The court was hearing the husband’s plea challenging an order of the Family Court passed on March 29 closing his right to cross-examine the wife. The petition seeking divorce was filed by the wife in 2013 and is still pending.

Perusing various orders passed in the matter, the court noted that the Family Court had expressed a “complete exasperation” in the manner in which the proceedings were being prolonged by the husband.

Noting that the Family Court had given sufficient opportunities to the husband to cross-examine his wife, the court said that it was not inclined to grant any further opportunity to him for cross-examination.

“Insofar as the evidence of the husband is concerned, no evidence has been led and it was only on 16th March, 2023 that the wife’s evidence was closed and, the husband’s evidence and affidavits for RE were directed to be filed within one week. Thereafter, vide the impugned order dated 29th March, 2023 the husband’s evidence was also closed and the matter was fixed for final arguments,” the court said.

Thus, the court ordered that the witnesses shall be produced before the Family Court on two continuous dates i.e. on May 17 and 18, adding that the cross examination shall be concluded on the said dates.

It added that no further opportunity shall be granted to either of the parties for cross examination.

“This opportunity is being given to the husband subject to payment of Rs.50,000/- as costs to be paid to the wife within 2 weeks,” the court added.

Title: NAVEEN KUMAR DALAL v. NEELAM KADYAN

Citation: 2023 LiveLaw (Del) 372

Click Here To Read Order