The petitioner has challenged the validity of the order dated 26.11.2008 passed by the learned Judge, Family Court whereby the right of the petitioner to cross-examine the witnesses of the plaintiff/Respondent No, 1 was closed.
2. It is argued that the petitioner remained in attendance throughout and it was the respondent/plaintiff who failed to produce her witnesses in a suit for recovery of dowry articles, that the impugned order dated 26.11.2008 closing the right of cross-examination was too has and the valuable rights of the petitioner had been closed. In the view of learned counsel, the learned Judge, Family Court has committed material illegality or irregularity while passing the impugned order, which justified interference in the exercise of constitutional jurisdiction.
3. I have heard the learned counsel and perused the record. Family suit was pending for the last two year's. The petitioner/defendant was proceeded against ex-parte twice. On 26.10.2007, he was proceeded against ex-parte and on 28.11.2007 subject to costs, the ex parte proceedings were recalled. Again on 14.1.2008, ex parte proceedings were taken. The petitioner again filed an application seeking setting aside of the ex-parte proceedings, which was accepted on 11.3.2008. It shows that the petitioner had been trying to prolong the matter. Considering refractoriness of the petitioner, the learned Judge, Family Court was constrained to pass the impugned order. The law does not provide any appeal/revision in the hierarchy of the Family Laws as the Family matters are required to be decided expeditiously. In the circumstances, the impugned order is not only clothed with authority but is also fully justified. The petitioner on proper showings would have an opportunity to challenge the same if and when he would bring an appeal against the final decision/judgment in terms of Section 14 of the Family Court Act. There is no illegality or irregularity in passing the impugned order calling for interference in the exercise of constitutional jurisdiction of this Court. Dismissed in limine.