VATSALA KHANNA vs ASHISH KHANNA

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: November 28, 2025 + CM(M) 2158/2025, CM APPL. 70571/2025, CM APPL. 70572/2025, CM APPL.74188/2025 VATSALA KHANNA .....Petitioner Through: Mr. Mukesh Kumar Verma and Mr. Kuljeet Singh, Advocate. versus ASHISH KHANNA .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE J U D G M E N T (ORAL) CM APPL. 74905/2025 (Early hearing by petitioner) 1. The petitioner, vide the present application seeks early hearing of the captioned petition. 2. For the reasons stated in the present application, the same is allowed and the next date of hearing already fixed i.e. 09.01.2026 stands cancelled. 3. In view of the aforesaid, the present application stands disposed of. CM(M) 2158/2025 4. In view of the order passed in CM APPL. 74905/2025 hereinabove, the present petition is taken up for hearing today. 5. The petitioner, vide the present petition under Section 227 of Constitution of India read with Section 151 of the Code of Civil Procedure, 1908 (CPC) seeks setting aside of the orders dated 10.09.2025 and 30.05.2025 (impugned orders) passed by the learned Judge Family Signature Not Verified Digitally Signed CM(M) 2158/2025 Page 1 of 7 By:BABLOO SHAH Signing Date:01.12.2025 15:39:36 Court-02, South-East District, Saket Court, in case being HMA No. 675 of 2019 entitled “Ashish Khanna vs. Vatsala Khanna”, whereby the petitioner’s right to cross-examine the respondent was closed. 6. It is the case of the petitioner that the learned Family Court failed to appreciate that the inability of the petitioner’s counsel to conduct cross- examination on 30.05.2025 was not deliberate and/ or intentional but was due to his sudden illness, which was duly substantiated by the medical prescription dated 29.05.2025, issued b