SHYLAJA Vs. REVANASIDDESHWAR M. KUNTHIMATH

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 11.12.2012 passed in M.C.No.50/2010 at Annexure-E and also the order at Annexure-C passed on I.A.No.8.

(2.) The petitioner herein is the respondent in M.C.No.50/2010. The relationship between the parties is not in dispute. The petitioner herein is the wife of the respondent. In a petition filed by the respondenthusband seeking dissolution of their marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955, the respondent herein had been examined as P.W.1. After being cross-examined to some extent, when it was listed for further cross-examination of P.W.1, since according to the Court below the petitioner had not utilized the opportunity granted, the Court below had discharged the witness. It is in that view, the petitioner herein filed an application in I.A.No.8 seeking recall of the order dated 11.12.2012 to permit further cross-examination of P.W.1. The application has been rejected and it is in that view, the petitioner is before this Court.

(3.) Learned counsel for the petitioner has referred to the entire order sheet to point out that even if on the day when P.W.1 was discharged, the respondent therein viz., the petitioner herein was absent, on several occasions earlier the adjournment was not at the instance of the petitioner herein. It is pointed out that the matter had also been referred to the Mediation, thereafter taken up before the Court and adjourned from time to time.