SUNIL ABRAHAM Vs. REETH ABRAHAM

JUDGEMENT

(1.) The husband has filed these writ petitions against the order dated 14.09.2018 on IA Nos.10 and 11 passed in M.C.No.4325/2015 rejecting the said applications filed under section 151 of CPC to recall the order posting the case for arguments and seeking permission for further cross-examination of PW-1.

(2.) The respondent herein-wife filed MC No.4325/2015 under the provisions of Section 27 (1) (d) read with section 31 of the Special Marriage Act 1954 for divorce against the petitioner herein by raising various contentions. The present petitioner-husband filed objections to the main petition. When the matter was posted for final arguments, at that stage, the present petitioner filed two applications-IA Nos.10 and 11 under section 151 of CPC to recall the order posting the case for arguments and permit him to recall PW-1 for further cross-examination contending that when the matter was posted for further Cross-Examination of PW- 1, an application was filed praying to club the case filed by him (husband) in O.S.No.137/2017 with M.C No.4325/2015 filed by wife.

(3.) The application filed by the husband for clubbing came to be rejected. Therefore, he has approached this court in W.P.No.6192/2018 which is said to have been dismissed and therefore, it is contented that he was unable to proceed to further cross-examine PW-1 and evidence was taken as closed and the matter was set out for arguments. It is stated that non cross-examination of PW-1 on account of the circumstances stated supra are not intentional and therefore, he filed an application for recall and permission to cross-examine PW-1. The said applications were resisted by the respondent-wife by filing objections.