K.BASANT KUMAR Vs. MANGALAKSHMI SIVARAMAN

JUDGEMENT

(1.) Petitioner challenges order dated 6/5/2017 in I.A.No.252/2017 in OP No.634/15. The issue had arisen with reference to a claim made by the respondent herein for adducing evidence by submitting a list of witnesses. The petitioner herein took up a contention that since the respondent had withdrawn a counter claim made by her, she is not entitled to adduce evidence as stated in IA No.252/17. The Family Court after considering the respective contentions, while declining prayer in IA Nos.251/17 and 399/17 allowed IA No.252/17 and the respondent was permitted to file proper witness schedule stating the purpose for which the witness has to be examined for proving her contentions.

(2.) The main contention urged by the learned counsel for the petitioner is that there was no necessity for allowing IA OP(FC) No.309/2017 No.252/17 in so far as the respondent had withdrawn her counter claim. The necessity for adducing evidence as contemplated in IA No.252/17 is only for the purpose of proving the counter claim and not for any other purpose.

(3.) The facts of the case would disclose that the original petition has been filed by the brother of the deceased Krishnankutty Menon seeking for a declaration that the respondent is not the legally wedded wife of Krishnankutty Menon. The respondent had filed objection stating that she is the legally wedded wife of Sri.Krishnankutty Menon. Under such circumstances, when evidence is being adduced, she is entitled to prove her contention regarding the marriage and other factors leading to the marriage. It is for the aforesaid purpose that she had filed IA No.252/17 in order to satisfy the Court regarding her defence. Family Court also observed that there are sufficient reasons to allow IA No.252/17 filed by the respondent.