IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 5871 OF 2008 WRIT PETITION NO. 5871 OF 2008 WRIT PETITION NO. 5871 OF 2008. Jasminder Ketan Premani ..Petitioner. V/s. Ketan Hasan Premani ..Respondent. Mr Jimmi Mehta with Mr H.G. Bhambhani with Mr S.S. Redekar for the Petitioner. Mr V.P. Sawant with Mr P.M. Jadhav for the Respondent. CORAM: V. C. DAGA, J. CORAM: V. C. DAGA, J. CORAM: V. C. DAGA, J. DATED: 11.09.2008. DATED: 11.09.2008. DATED: 11.09.2008. P.C.: P.C.: P.C.: ---- ---- ---- 1. This petition is directed against the order dated 23.7.2008 passed below Exh.154 in Petition No.A-116/2006 by the Family Court, Bandra (W) Mumbai, whereby the cross-examiner is directed to complete the cross-examination within three hours. The order reads as under: "No written say has been submitted to this application. No doubt the lengthy cross-examination can be allowed considering the nature of the petition. However, it is also not proper to consume days together for cross-examination of one witness. Hence, the learned counsel on behalf of the respondent is directed to restrict her cross-examination to the relevant and material factors ¦ A only and should complete remaining ¦ cross-examination within three ¦ hours." (Emphasis supplied & marked A) (Emphasis supplied & marked A) (Emphasis supplied & marked A) 2. Having seen the aforesaid order and having heard parties, both parties agreed that bracketed portion marked "A" (indicated in the above extracted portion) may be deleted. Accordingly, the said portion reading as "and should complete remaining cross-examination within three hours" stand deleted from the impugned order by consent of parties. Rest of the order stands confirmed. 3. During the course of hearing, learned counsel for the Petitioner Jasminder Premani has given an undertaking to this Court indicating that she will engage Advocate by 6th October, 2008 to conduct case on her behalf, since the Advocate appearing for her has withdrawn from the case and returned the case papers to her. The undertaking and statement made therein are accepted and taken on record. 4. The petitioner, however, is put on notice that by 6th October, 2008, if she fails to engage ( 3 ) an Advocate,then either she herself will have to conduct the case else the Family Court would be free to proceed with the trial in accordance with law. 5. So far as the cross-examination is concerned, the Family Court would be well within its jurisdiction to see that no inadmissible and/or irrelevant material is allowed to be brought on record. Every Trial Court is expected to prevent inadmissible evidence being brought on record by the parties. To that extent the powers of the Trial Court cannot be curtailed. The cross-examiner is also expected not to prolong the cross-examination unnecessarily. He is expected to be brief in the cross-examination. 6. Since the matter has been expedited by this Court on earlier occasion, and considering the fact that the Petitioner is resident of Bangalore and that she is required to keep of and on coming to Mumbai to attend this matter, the Family Court shall post her case on every Friday and Saturday of the first week of the month and thereafter on Monday and Tuesday following that week. Similarly, ( 4 ) the matter should be taken up for further hearing after a gap of 15 days in the third week of every month on Friday and Saturday with Monday and Tuesday of the 4th week so that the Trial Court will be able to devote four days in a month for this particular case and at the same time petitioner can go to Banglore, if advised. The evidence should be recorded in the postlunch session. 7. If the Trial Court finds it difficult to devote this much time and/or finds that the Advocates are not co-operating and unnecessarily prolonging the cross-examination, in that event the Family Court shall be free to appoint any Retired Judge of the Subordinate Judiciary to record the evidence directing payment to be made by both parties in the ratio of 50:50 and may issue directions to the said appointed officer or Court Commissioner to record the evidence during court working hours so that the Commissioner can devote full day for the purpose and can complete the cross-examination in restricted time. With these directions, the petition stands disposed of with no order as to costs. ( 5 ) (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)