NP SHINI Vs. K UNNIKRISHNAN

JUDGEMENT

(1.) THE first respondent filed O.P.No.76 of 2011 on the file of the Family Court, Kozhikode, against the petitioner and the second respondent for divorce. THE ground alleged was adultery. THE second respondent was set ex-parte. THE petitioner (1st respondent before the court below) was not set ex-parte. THE Family Court passed an order dated 14th November, 2011 granting a decree for divorce. It is stated in the order that the first respondent (petitioner herein) did not cross examine the petitioner before the court below.

(2.) THE learned counsel for the petitioner submitted that on the date on which the case was posted, a request was made to pass over the case for some time to enable the Advocate to appear and cross examine PW1. But that request was not granted and the court recorded that PW1 was not cross examined. THE order passed by the court below reads as follows :