SURESH KUMAR G.S. Vs. SANTHI DEVI

JUDGEMENT

(1.) THE respondents, the wife and daughter of the petitioner filed O.P. No. 453 of 2005 on the file of the Family Court, Nedumangad, claiming maintenance and past maintenance. The case came up for trial. The first respondent (wife of the petitioner) was examined and her cross examination was also over. At that juncture, the petitioner filed an application I.A. No. 1152 of 2012 to summon and examine the second respondent (minor daughter), aged 11 years and to issue a direction to the first respondent to produce the minor girl before Court for the said purpose. The court below dismissed the application on the ground that the mother of the child was already examined and she was cross examined. The court below also held that the attempt of the petitioner is to delay the disposal of the case. The minor girl is one of the petitioners before the court below. The petitioner is the respondent in that case. That means, the petitioner wants to examine his opposite party as a witness. Such a practice is deprecated by the Courts. Apart from the above, the person to be examined is a minor girl, aged 11 years. Her mother was examined. Apart from the impropriety of citing the opposite party as a witness, the petitioner wants to compel the Court to examine a child witness and that too, in a case for maintenance and past maintenance. We are of the view that the application was filed without any bonafides. The court below was fully justified in dismissing the application. No grounds are made out for invoking the jurisdiction of this Court under Article 227 of the Constitution of India.