SAIDALAVI PONIYERI Vs. RAIHANATH PADANCHERRY

JUDGEMENT

(1.) The petitioner challenges Ext.P6 order of the learned Family Court, Tirur, through which, it dismissed Ext.P5 application filed by him - invoking the provisions of Order XVI Rule 1(3) of the Code of Civil Procedure - to call a witness by name, Sri.E.P.Abdul Latheef.

(2.) The specific averment in the affidavit in support of Ext.P5 I.A is that, when PW2 was examined, he had referred to the afore person as being the person, who had intervened as a Mediator in the matrimonial disputes between the parties. On such basis, the petitioner, through the said application, called for the aforementioned person as a witness.

(3.) However, the learned Family Court issued the impugned order, merely saying that the application is belated, but without explaining why it was so; and then holding that the attempt of the respondent [petitioner herein] is to fill up lacunae by filing additional witness list, without having done so earlier.