HIMANSHU SHEKHAR vs MAMTA SHEKHAR

Judgment text excerpt

$~106 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17th April, 2025 + CM(M) 695/2025, CM APPL. 22537/2025, CM APPL. 22538/2025 & CM APPL. 22539/2025 HIMANSHU SHEKHAR .....Petitioner Through: Mr. Jitendra Kumar Jha and Mr. Jitender Rathi, Advocates versus MAMTA SHEKHAR .....Respondent Through: Ms. Shristi Borthakur, Advocate CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner herein is defending a petition which seeks divorce. 2. He is aggrieved by order dated 29.03.2025 whereby his request to examine seven witnesses in his defence has been turned down. 3. The impugned order is comprehensive one and the learned Trial Court, after noticing certain minute details, has come to conclusion that witnesses cited by the petitioner herein are not relevant and also that there is no fact pleaded with respect to them in the pleadings i.e. in the written statement. 4. Two such witnesses are his real sisters, namely, Smt. Veena Singh and Smt. Savita Singh. 5. During course of arguments, learned counsel for petitioner has restricted his request merely to grant permission to examine such two sisters. 6. Learned counsel for respondent/wife appears on advance notice and submits that there is no merit and substance in the present petition and no real Signature Not Verified Digitally Signed CM(M) 695/2025 1 By:SONIA THAPLIYAL Signing Date:17.04.2025 19:11:45 purpose is going to be achieved by examining such sisters either. 7. Divorce has been sought on the ground of cruelty and, apparently, the purpose of examination of such sisters would be to disprove the allegation of cruelty. Viewed thus, this Court feels that the request for examination of sisters should not have been denied by learned Family Court. 8. The case is now, reportedly, at the stage of