Writ Petition No. 6394 of 2025 · The High Court · 2025
Case Details
- 1 - NC: 2025:KHC:9720 WP No. 6394 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 6394 OF 2025 (GM-FC) BETWEEN: SRI S RAVI KUMAR S/O SURYANARAYANA SHASTRY AGED ABOUT 45 YEARS, R/AT NO.92, KALASHREE, 2ND FLOOR, 4TH MAIN, 6TH CROSS, SARASWATHIPURAM, MYSURU - 570 009. (BY SRI. SHARANADEEP, ADVOCATE SRI. RAVIKUMARA B R., ADVOCATE) AND:
Legal Reasoning
SMT CHANDRIKA W/O SRI. S. RAVI KUMAR, D/O SRI. S. NARAYANA, AGED ABOUT 38 YEARS, R/AT NO. LIG-40, 1ST STAGE, KUVEMPUNAGAR, MYSURU - 570 023. …PETITIONER …RESPONDENT (BY SRI. HARISH H.V., ADVOCATE FOR CAVEATOR/RESPONDENT) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE IMPUGNED COMMON ORDER DATED 30.01.2025 VIDE ANNEXURE A PASSED BY THE 1 ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, AT MYSURU AND CONSEQUENTLY ALLOW THE THREE IAS/APPLICATIONS ETC., Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: High Court of Karnataka - 2 - NC: 2025:KHC:9720 WP No. 6394 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER The petitioner has filed the present petition challenging the order dated 30th January 2025 passed by 1st Addl. Prl. Judge, Family Court, Mysuru, on I.As. in M.C. No.128/2022. 2. Petitioner - husband filed the petition against the respondent - wife under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 for divorce. 3. During the pendency of the petition, when the matter was posted for arguments on the main petition after recording of evidence, the petitioner/husband filed an application under Section 151 of CPC to re-open the case; an application under Order XVIII Rule 17 r/w Section 151 of CPC to recall PW.1 for the purpose of further chief- examination and another application under Order VII Rule 14 (3) r/w Section 151 of CPC seeking permission for production of additional documents. - 3 - NC: 2025:KHC:9720 WP No. 6394 of 2025 4. The respondent filed objections to the said applications seriously opposing the same on the ground that the evidence is already concluded and parties have been cross-examined at length and at the stage of arguments, the present applications are filed only with an intention to drag on and protract the proceedings and therefore seeks to dismiss the applications. 5. By the impugned order, the Family Court has rejected the applications on the ground that the petitioner has not disclosed anything with regard to admissibility of the documents and has not stated how the said documents sought to be produced and relied are relevant to the case on hand and in order to prove which fact in issue, he is intending to produce additional documents by recalling PW.1. Further, the petitioner has not disclosed anything about additional documents in the affidavits filed in support of I.As. It is also stated that there is no pleading and proof with regard to the additional documents in the petition averments and therefore mere production of - 4 - NC: 2025:KHC:9720 WP No. 6394 of 2025 documents at this stage of proceedings does not arise and it holds no merit. On these grounds, the Family Court has not appreciated the submissions putforth and accordingly dismissed the applications. 6. Learned counsel for the petitioner vehemently contends that initially, petitioner filed petition for divorce under Section 13(1)(ia) & (ib) of the Hindu Marriage Act and thereafter he amended the petition incorporating certain averments and grounds alleging adultery against the respondent/wife and respondent also amended her objections statement. Subsequently, the respondent filed a counter-claim for dissolution of the marriage and also sought permanent alimony to an extent of Rs.2 crores. Pursuant to which, the petitioner has come up with these applications to re-open the case; to recall PW.1 for further chief-examination; and to produce additional documents in support of his case to show that certain amount has been paid to the respondent and also the fact of WhatsApp communication between the respondent and the person, - 5 - NC: 2025:KHC:9720 WP No. 6394 of 2025 who is in illicit relationship with the respondent. These are the subsequent events pursuant to filing of the petition. 7. In the present case, after the petitioner lead the examination-in-chief, the petition got amended and subsequently, the respondent also amended her objection statement and filed the counter-claim for dissolution of the marriage and also for grant of permanent alimony to an extent of 2 crores. The same are not in dispute. Therefore when an application is made to recall the witness for further evidence and produce certain documents, the application will have to be dealt with in the facts and circumstances of the case, in accordance with law. In the present case on hand, the admissibility or otherwise of the document is a matter to be decided later and mere production of the document would not amount to its admissibility, which is a fundamental rule. The petitioner will have to be provided an opportunity to lead further evidence on the basis of the materials - 6 - NC: 2025:KHC:9720 WP No. 6394 of 2025 subsequently obtained with regard to allegations of illicit relationship of the respondent with the other person. Under the circumstances, the impugned order is liable to be set aside and the applications filed to re-open the case, to recall PW.1 for further chief-examination and to produce additional documents deserve to be allowed, in the interest of justice. However, the respondent is at liberty to cross-examine and place any such material which she intends to produce in support of her case. By such process, there would not be any inconvenience and hardship to the respondent. 8. Accordingly, I pass the following:
Decision
O R D E R i) The petition is allowed. ii) The impugned order dated 30th January 2025 passed by the Prl. Judge, Family Court, Mysuru, on I.As. in M.C. No.128/2022, is hereby set aside. iii) I.A. filed under Section 151 of CPC to re-open the case; I.A. filed under Order XVIII Rule 17 r/w - 7 - NC: 2025:KHC:9720 WP No. 6394 of 2025 Section 151 of CPC to recall PW.1 for the purpose of further chief examination; and I.A. under Order VII Rule 14(3) r/w Section 151 of CPC seeking permission for production of additional documents, are allowed. iv) It is open to the respondent to object to the marking of the documents in the event such documents are not marked in the evidence. The respondent is also at liberty to cross-examine and place any such material which she intends to produce in support of her case. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 63