SMT. VANI GIRISH Vs. SRI. K.N. GIRISH

JUDGEMENT

(1.) The present writ petitions are filed by the petitioner-wife against the order dated 11.10.2018 on I.A. Nos. 10 and 11 rejecting the applications filed by the petitioner for recalling PW-1 for cross-examination and re-opening the case in M.C. No. 1990/2013 by the IV Addl. Prl. Judge, Family Court, Bengaluru.

(2.) The respondent-husband filed petition under Sec. 13 (1)(ia)(ib) of the Hindu Marriage Act, for dissolution of marriage. The petitioner-wife filed objections to the main petition. When the matter was posted for cross-examination of PW-1, the present petitioner Smt. Vani Girish has not proceeded for cross-examination of PW-1 in spite of granting sufficient time. Thereafter, respondent/present petitioner-wife filed two applications i.e., I.A. No. 10 under section 151 of the Code of Civil Procedure to re-open the case and permit the respondent/present petitioner to cross-examine PW1 and I.A. No. 11 under Order 18, Rule 17 of the Code of Civil Procedure to recall the order dated 29.06.2018 and permit the respondent/present petitioner-wife to cross-examine PW-1 contending that when the matter was posted on 29.06.2018 for cross-examination of PW-1, the counsel for the respondent-wife sought time, but the Honourable Court was pleased to take the cross-examination of PW1 as 'Nil' and posted the matter for respondent evidence. She further contended that she is residing in a remote place of Chikkaballapura District and her children are school going and due to their school admission and arrangement of school fee, she could not contact the advocate and discuss about the case and therefore filed the applications for the relief sought for. The said applications were resisted by the husband by filing objections.

(3.) The Family Court considering the applications and objections, by the impugned order dated 11.10.2018 rejected the applications mainly on the ground that though the matter is of the year 2010 and in spite of granting sufficient time, the respondent-wife did not utilise the same. Hence, the present writ petitions are filed.