REHMAN AFTAB ALAM vs SALMA BANO & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 18.03.2025 Judgment delivered on: 25.03.2025 + CM(M) 3/2019 & CM APPL. 94/2019 & CM APPL. 5944- 5945/2019 & CM APPL. 38302-38303/2022 REHMAN AFTAB ALAM .....Petitioner versus SALMA BANO & ORS .....Respondent Memo of Appearance For the Petitioner: Mr. Tushar Singh with Mr. Siddharth Dhoot, Advocates along with petitioner. For the Respondent: Ms. Zehra Khan, DHCLSC along with respondent in person. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN JUDGMENT MANOJ JAIN, J 1. Petitioner Mr. Rehman Aftab Alam has filed a suit against his wife (since divorced) seeking recovery of Rs. 6,66,500/-. 2. The case is stated to be at the stage of final arguments. 3. During the pendency of the above said suit, plaintiff (petitioner herein) moved an application under Order XVIII Rule 17 read with Section 151 CPC seeking permission to further cross-examine DW-1 Smt. Salma Bano. 4. As per above application, his assertion was that the case was earlier fixed for cross-examination of defendant on 23.01.2018, and that he wanted to cross-examine her on some relevant aspects but the learned Court did not __________________________________________________________ Signature Not Verified CM(M) 3/2019 1 Digitally Signed REHMAN AFTAB ALAM vs SALMA BANO & ORS By:SONIA THAPLIYAL Signing Date:25.03.2025 19:14:26 allow him to put various relevant questions and discharged the witness, in a hurry. He contended that due to incomplete cross-examination, if the permission is not granted, he would suffer immensely as the eventual decision might be, therefore, also against him. It is also submitted that petitioner has now engaged a counsel and would conduct further cross- examination through his such counsel. 5. All such contentions have been refuted by Ms.