Allowed

Dr Shobha W/O Kranti Kiran v. Dr Kranthi Kiran S/O Siddappa

Karnataka HC3 Feb 2023WP/100654/2023

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking to set aside Family Court orders rejecting applications to reopen a divorce case and permit cross-examination. The High Court set aside the impugned orders and directed the Family Court to permit further cross-examination on a specific date without adjournment.

What did the court decide?

The impugned orders on I.A.Nos. 20 and 21 are set aside, and the petitioner-wife is permitted to appear for cross-examination on 06.02.2023 without adjournment.

Dr Shobha W/O Kranti Kiran Vs Dr Kranthi Kiran S/O… — Matrimonial and Divorce | Karnataka HC (2023)

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WP No. 100654 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 3^RD DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 100654 OF 2023 (GM-FC)

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BETWEEN:

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DR.SHOBHA W/O KRANTI KIRAN, AGE: 50 YEARS, OCC: DOCTOR, R/O H.NO.63, 1^st MAIN, 3^RD CROSS, SHIRUR PARK, 1^ST STAGE HUBLI-580021.

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…PETITIONER

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(BY SRI S.C.JAINAR, ADVOCATE)

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AND:

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DR.KRANTHI KIRAN S/O SIDDAPPA, AGE: 54 YEARS, OCC: DOCTOR, R/O BALAJI HOSPITAL, HOSUR, UNKAL BYPASS ROAD VIDHYANAGAR HUBLI-580021, DIST: DHARWAD.

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…RESPONDENT

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(BY SRIYUTHS V.M.SHEELVANT, ROHIT L.SHEELVANT AND M.L.VANTI, ADVOCATES)

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CHANDRASHEKAR LAXMAN KATTIMANI

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Date: 2023.02.03 14:44:56 +0530

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) PASS SUCH ORDER TO SET ASIDE THE ORDER ON I.A. NO.20 AND 21 DATED 17-01-2023 PASSED BY THE HON’BLE PRL. JUDGE FAMILY COURT HUBBALLI IN M.C. NO. 77/2020 AT ANNEXURE-A. (B) PASS SUCH ORDER TO PERMIT THE PETITIONER FOR FURTHER CROSS EXAMINATION IN M.C. NO. 77/2020, WHICH IS VERY ESSENTIAL FOR THE JUST DECISION OF THE CASE.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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WP No. 100654 of 2023

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ORDER

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This petition is directed against the impugned common orders dated 17.01.2022 passed on I.A.Nos.20 and 21 in M.C.No.77/2020 on the file of Principal Judge, Family Court, Hubballi whereby the aforesaid applications filed by the petitioner for reopening the case which was posted for final arguments and for permission to tender herself for crossexamination by the respondent were rejected by the trial Court.

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Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record.

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The material on record discloses that the respondent-husband has instituted the aforesaid petition in M.C.No.77/2020 against the petitioner-wife for dissolution of marriage by decree of divorce and for other reliefs. The petitioner-wife who examined herself as RW1 and partly crossexamined by the respondent. When the matter was posted for further cross-examination on 09.01.2023, the petitioner-wife did not appear and consequently, the Family Court took her evidence as closed and posted the matter for final arguments on 17.01.2021. On that day, the petitioner-wife filed the instant

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WP No. 100654 of 2023

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applications-I.A.Nos.20 and 21 seeking to reopen the case and for permission to tender herself for further cross-examination. The said applications having been opposed by the respondenthusband, the trial Court proceeded to pass the impugned orders rejecting both I.A.Nos.20 and 21, aggrieved by which, the petitioner is before this Court by way of present petition.

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Though several contentions have been urged by both the petitioner as well as respondent in support of their respective claims, by adopting justice oriented approach, I deem it just and appropriate to set aside the impugned orders on I.A.Nos.20 and 21 and permit the petitioner-wife to tender herself for cross-examination on 06.02.2023 before the Family Court. In the result, I pass the following:

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ORDER

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i. The petition is allowed.

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ii. The impugned orders dated 17.01.2023 passed on I.A.Nos.20 and 21 in M.C.No.77/2020 by the Principal Judge, Family Court, Hubballi are hereby set aside subject to the condition the petitioner-wife shall appear before the Family Court on 06.02.2023 without seeking any adjournment under any circumstances whatsoever.

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WP No. 100654 of 2023

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iii. The respondent-husband is also directed to complete the cross-examination of the petitioner (RW1) without seeking any adjournment on 06.02.2023 itself.

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iv. Pursuant to the completion of crossexamination of RW1, the Family Court is directed to proceed further in the matter and dispose off the proceedings in accordance with law.

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SD JUDGE

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CLK

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List No.: 1 Sl No.: 20

Dr Shobha W/O Kranti Kiran v. Dr Kranthi Kiran S/O Siddappa

Case brief

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Dr Shobha W/O Kranti Kiran v. Dr Kranthi Kiran S/O Siddappa

Case brief

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