S. SUNDARI Vs. VENKATACHALAPATHY

JUDGEMENT

(1.) The present appeals have been filed against the order dated 28.06.2016 made in I.A.Nos.999 and 1000 of 2014 in M.O.P.No.169 of 2009 on the file of Family Court, Pondicherry.

(2.) Respondent and appellant are husband and wife. The marriage between them was solemnized on 12.12.2005. Disputes arose between them. Respondent/husband filed M.O.P.No.169 of 2009 seeking divorce. PWs.1 and 2 were examined on the side of respondent. Despite the case was adjourned on several hearings for cross-examination of PWs.1 and 2, appellant has failed to cross-examine them and hence, the evidence of PWs.1 and 2 was closed. Appellant filed I.A.No.999 of 2014 seeking re- call of PWs.1 and 2 and I.A.No.1000 of 2014 seeking to re-open the case for cross-examination of the witnesses. Court below, under orders dated 28.06.2016, allowed such applications by imposing costs of Rs.1,000/- and Rs.500/- respectively payable to respondent on or before 04.07.2016. It was also observed that in the event of failure to pay the costs to respondent, the applications will be dismissed. Since appellant has failed to effect payment, the applications were dismissed. Challenging such order, the present appeals have been filed.

(3.) Learned counsel for appellant submits that due to unavoidable circumstance, the appellant could not effect payment and the non- payment of costs is neither wilful nor wanton. Submitting as above, learned counsel prays this Court to direct the trial Court to re-open the case and permit the appellant to cross-examine PWs.1 and 2.