MOHAN JOSHI Vs. KANIKA JOSHI

JUDGEMENT

(1.) IN this revision petition filed under Article 227 of the Constitution of India, challenge is to order dated 16.09.2013 (Annexure P -1) passed by the Family Court thereby dismissing application filed by the petitioner for waiving off costs of Rs.5,000/ - imposed on the petitioner by the Family Court vide order dated 17.08.2013 Annexure P -2. Petitioner -husband -Mohan Joshi has filed divorce petition against respondent -wife -Kanika Joshi. The case was fixed for evidence of the petitioner on 17.08.2013. The petitioner failed to lead any evidence despite last extended opportunity on payment of costs. The Matrimonial Court granted another final opportunity to the petitioner for his evidence on payment of Rs.5,000/ - as costs. Another opportunity was granted to the petitioner for his evidence, instead of closing his evidence by Court order, because the lis pertains to matrimonial dispute between the parties.

(2.) THE petitioner filed application for waiver of costs of Rs.5,000/ - alleging that the petitioner's counsel had to go on account of death of her father -in -law. The said application has been dismissed by the Family Court vide order Annexure P -1 which is under challenge in this revision petition.

(3.) COUNSEL for the petitioner contended that copy of petitioner's affidavit of examination -in -chief was supplied to the opposite party on 17.08.2013 and therefore, costs should not have been imposed on the petitioner because his counsel was out of station due to death of her father -in -law.