PRAMOD E.K. Vs. LOUNA V.C.

JUDGEMENT

(1.) All the three interim applications filed by the husband in O.P.609/2017 before the Family Court, Thalassery were dismissed on 31.7.2018 by a common order. He challenges the dismissal by invoking the powers of this Court under Article 227 of the Constitution of India.

(2.) He married the sole respondent in the O.P. on 19.4.1997 and later filed O.P.609/2017 for dissolution of marriage on the ground of cruelty. He had also filed O.P. 371/2013 for permanent custody of the minor children. The respondent/wife also filed O.P.204/2014 and MC 111/2014 claiming maintenance from him.

(3.) While the respondent, wife was being cross examined in the O.P. No.371/2013, the petitioner/husband confronted her with a quarrelsome conversation of her recorded by him in his mobile phone. Since the sound track played from the mobile phone in the course of trial did not appear to the witness to be clear, she replied that she was not able to confirm the conversation. This led to the petitioner recording the voice in a CD and producing it in O.P.609/2017. The mobile phone was, however, not produced in any of the proceedings till date and the device seems to be in the custody of the petitioner.