Smt.Vasudha vs Mr.T.Ramesh
2023 Latest Caselaw 4382 Kant

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                                                  NC: 2023:KHC:24434
                                                   WP No. 17254 of 2022




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 13TH DAY OF JULY, 2023

                                       BEFORE
                      THE HON'BLE MR JUSTICE C.M. POONACHA
                     WRIT PETITION NO. 17254 OF 2022 (GM-FC)
             BETWEEN:

             1.   SMT.VASUDHA
                  W/O RAMESH T
                  D/O ANANTHANARAYANA K N
                  AGED ABOUT 34 YEARS,
                  R/AT 2ND CROSS KRC ROAD
                  OPP NANDA MEDICALS
                  GUNDLUPET 571111
                  CHAMRAJA NAGAR DISTRICT
                  KARNATAKA
                                                            ...PETITIONER
             (BY SRI. KARTHIK VENKATESH., ADVOCATE)

             AND:

             1.   MR.T.RAMESH
                  AGED ABOUT 36 YEARS,
                  R/AT NO 1094 KHB
                  15TH B CROSS YELAHANKA NEWTOWN
                  BENGALURU 560064
Digitally
signed by                                                  ...RESPONDENT
BHARATHI S   (BY SRI. MANJUNATH K V., ADVOCATE)
Location:
HIGH
COURT OF          THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
KARNATAKA
             CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
             ORDER DTD 11.08.2022 ANNEXURE-K PASSED BY THE IIIRD
             ADDITIONAL      PRINCIPAL   JUDGE,    FAMILY    COURT    IN
             M.C.NO.4384/2020 WHEREIN THE CASE WAS POSTED FOR
             JUDGEMENT WITHOUT EVEN CONSIDERING THE TWO APPLICATIONS
             ANNEXURE-H AND J FILED BY THE COUNSEL FOR THE PETITIONER
             SEEKING TO RECALL AND REOPEN THE STAGE OF CROSS
             EXAMINATION OF RESPONDENT IN I.A.NO.8 AND 9 FILED UNDER
             ORDER XVIII RULE XVIII AND U/S 151 OF THE CODE OF CIVIL
             PROCEDURE DTD 11.08.2022 IN M.C.NO.4384/2020 PENDING ON
             THE FILE OF IIIRD ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,
             BENGALURU AND ETC.
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                                          NC: 2023:KHC:24434
                                             WP No. 17254 of 2022




      THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
                             ORDER

Heard Sri Karthik Venkatesh, learned counsel for petitioner

and Sri Manjunath K.V., learned counsel for the Respondent.

2. The present Writ Petition is filed challenging the order

dated 11.08.2022 passed in M.C. No.4384/2020. The

Respondent-husband (hereinafter referred as 'the husband')

instituted M.C. No.4384/2020 before the III Additional Principal

Judge, Family Court, Bengaluru (hereinafter referred to as 'the

Family Court') against the Petitioner-wife (hereinafter referred

to as 'the wife') under Section 9 of the Hindu Marriage, Act

(hereinafter referred to as 'the Act'). The wife has entered

appearance in the said proceedings and is contesting the same.

3. It is the case of the Petitioner that when the matter was

posted on 17.11.2022, the Petitioner filed I.A. No.8 under

Order XVIII Rule XVII r/w Section 151 of Code of Civil

Procedure, 1908 and I.A. No.9 to recall the order and to permit

the wife to cross examine the PW.1. It is the grievance of the

Petitioner that without even taking the applications on record,

NC: 2023:KHC:24434 WP No. 17254 of 2022

the Family Court has adjourned the matter and posted the

same for judgment.

4. Per contra, learned counsel for the Respondent opposing

the Writ Petition submits that the wife had earlier filed similar

applications for reopening the case and for recalling PW.1 for

cross examination and the Family Court vide order dated

30.07.2022 had allowed the said application imposing cost of

`500/- each with a condition to proceed with the matter without

seeking further adjournment. Despite the same, further time

was sought and hence, cross examination of PW.1 was taken

as 'nil' and the matter was adjourned to 11.08.2022.

5. It is forthcoming from the material on record that the

wife has, on pretext or the other had attempted to drag on the

proceedings before the Family Court. Notwithstanding the

same, it is expedient that an opportunity be granted to the wife

to cross examine the PW.1 and also an opportunity to lead the

evidence.

6. In view of the aforementioned, the relief sought for in the

Writ Petition is liable to be granted subject certain terms.

Hence, I proceed to pass the following:

NC: 2023:KHC:24434 WP No. 17254 of 2022

ORDER

i. Writ Petition is allowed

ii. Order dated 11.08.2022 passed in M.C.

No.4384/2020 by the III Addl. Civil Judge Bengaluru is set aside.

iii. I.A. Nos.8 & 9 in M.C. No.4384/2020 on the file of III Addl. Civil Judge, Bengaluru is allowed subject to payment of cost of `2,000/- to be paid on the date of appearance before the Family Court and subject to condition that PW.1 will be cross examined on the date of appearance of the parties before the Family Court and which cross examination shall take place without any adjournment being sought on behalf of the Petitioner-wife.

iv. Upon completion of cross examination, the Petitioner-wife shall lead evidence on the date fixed by the Family Court without taking any adjournment.

v. Parties shall appear before the Family Court on 24.07.2023 without the requirement of any further notice in this regard and cross examination of PW.1 shall proceed on that

NC: 2023:KHC:24434 WP No. 17254 of 2022

date subject to the convenience of the Family Court.

No costs.

Sd/-

JUDGE

BS