High Court of Gujarat

KAUSHIKKUMAR MOTILAL MAKWANAversusBHANUMATIBEN W/O. KAUSHIKKUMAR MAKWANA AND D/O RATILAL REVABHAI

Disposal: 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Bench: C DOSHI

Holding

The order closing the petitioner’s right to cross‑examine was quashed and set aside.

Summary

Kaushikkumar Motilal Makwana filed a family suit for divorce under section 13(1)(A) of the Hindu Marriage Act. The Family Judge, Court No.5, Ahmedabad, on 11 February 2026, barred the petitioner from cross‑examining the respondent, Bhanumatiben, on the ground that his questions were lengthy, irrelevant and violated the procedure prescribed in sections 14 and 15 of the Family Court Act, 1984. The petitioner challenged this order by filing a special civil application and submitted an affidavit undertaking not to ask irrelevant questions. The High Court, after hearing the petitioner’s counsel, held that the Family Judge’s order was not justified, quashed it, and restored the petitioner’s right to cross‑examine in accordance with the affidavit. The registry was directed to forward the affidavit to the Family Court.

Issues considered

Whether the Family Court Judge was justified in closing the petitioner’s right to cross‑examine the respondent.
Whether the petitioner’s conduct violated sections 14 and 15 of the Family Court Act, 1984.
Whether the petitioner is entitled to resume cross‑examination in the divorce proceedings.

Legislation cited

Family Court Act, 1984s. 14, s. 15
Hindu Marriage Act, 1955s. 13(1)(A)

Subjects

divorcecross‑examinationFamily Court ActHindu Marriage Actprocedural fairnessnatural justice

Judgment

     C/SCA/4745/2026                               ORDER DATED: 10/07/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 4745 of 2026

==========================================================
            KAUSHIKKUMAR MOTILAL MAKWANA
                          Versus
 BHANUMATIBEN W/O. KAUSHIKKUMAR MAKWANA AND D/O RATILAL
                        REVABHAI
==========================================================
Appearance:
MR CHINTAN V ACHARYA(10558) for the Petitioner(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                             Date : 10/07/2026

                                 ORDER


1.    Heard learned advocate Mr. Acharya for the petitioner.
Though served, none remained present for the respondent.


2.    The       petitioner   challenges        impugned     order      dated
11.2.2026, whereby the learned Family Judge, Court No.5,
Ahmedabad has been pleased to close the right of the
petitioner to cross-examine respondent Bhanumatiben. Being
aggrieved, the petitioner has filed this petition.


3.    Having heard Learned advocate for the petitioner,
considering the fact that the petitioner has filed family suit for
divorce u/s 13(1)(A) of the Hindu Marriage Act.                              The
petitioner’s right to cross-examine respondent Bhanumatiben
was closed on the ground that the petitioner was asking
lengthy and irrelevant questions and thereby, protracting the


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            C/SCA/4745/2026                                                           ORDER DATED: 10/07/2026




    matter.           While passing the order, the learned Family Court
    observed that the petitioner instead of summarizing the cross-
    examination, was asking lengthy and irrelevant questions and
    thus, the petitioner has not followed the procedure laid down
    in sections 14 and 15 of the Family Court Act, 1984.


    4.        The petitioner has filed affidavit before this Court on
    page 96 and thereby, given undertaking to this Court that he
    shall not ask any irrelevant and lengthy questions to
    respondent Bhanumatiben in cross-examination.


    5.        Considering the facts of the case and on the principle of
    nature           justice,          present           petition           requires             consideration.
    Hence, I pass following order.


    5.1       Present petition is allowed.                                   Impugned order dated
    11.2.2026 passed by the learned Family Judge, Court No.5,
    Ahmedabad below Exh.34 closing right of the petitioner of
    cross-examination is hereby quashed and set aside.


    5.2       The petitioner is permitted to cross-examine respondent
    Bhanumatiben in terms of the affidavit filed before this Court.


    5.3       Registry is directed to forward copies of the affidavit
    filed by the petitioner at page 96 of the compilation along with
    writ of this order to the concerned learned Family Court
    immediately.

                                                                                                    (J. C. DOSHI,J)
    SHEKHAR P. BARVE

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 10/07/2026 13:37:24


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