High Court Kerala High Court

B.Sreekumaran Nair vs Padmakumari on 21 December, 2010

Kerala High Court
B.Sreekumaran Nair vs Padmakumari on 21 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP (FC).No. 1234 of 2010(R)


1. B.SREEKUMARAN NAIR,
                      ...  Petitioner

                        Vs



1. PADMAKUMARI, D/O.AMBUJAKSHY AMMA,
                       ...       Respondent

                For Petitioner  :SRI.RAM MOHAN.G.

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :21/12/2010

 O R D E R
                            R. BASANT &
                   K. SURENDRA MOHAN, JJ.
             -------------------------------------------------
                  O.P.(FC) No.1234 of 2010-R
             -------------------------------------------------
         Dated this the 21st day of December, 2010

                             JUDGMENT

Basant,J.

The petitioner herein is the defendant in a suit filed by the

respondent, his wife, for partition and separate possession of her

half rights in an item of property. Acquisition is admittedly in

the joint names of the parties. The petitioner/husband has set

up a contention that the property belongs to him exclusively.

The Original Petition was filed as early as in 2003. The evidence

is over. The matter is at the stage of arguments. At this stage,

the petitioner filed a petition for production of documents. As

per Exts.P1 and P2, thirteen documents have been produced. It

is submitted that the documents have already been received.

The petitioner filed an application to recall the respondent, his

wife, for cross-examination for the sole purpose of confronting

O.P.(FC) No.1234 of 2010 -: 2 :-

her with the documents referred to in Exts.P1 and P2. By the

impugned order, the court below rejected the said prayer. The

petitioner claims to be aggrieved by the impugned order.

2. A perusal of the sequence of events in this case does not

at all reveal any bona fides on the part of the petitioner. But all

the same, we are satisfied that true to the adage that a stitch in

time save’s nine it would be advantageous to give the petitioner

an opportunity to cross-examine the respondent with specific

reference to the 13 documents referred to in Exts.P1 and P2.

Such luxury of a further opportunity can, of course, be granted

only subject to very strict conditions taking note of the fact that

the proceedings has been pending from 2003 and the matter

had at long last reached the stage of arguments.

3. In the nature of the order that we propose to pass, we

are satisfied that it is not necessary to wait for issue and return

of notice to the respondent. The learned counsel for the

petitioner asserts that the respondent is available in India and

will be readily available for cross-examination if opportunity is

granted.

4. In the result:

(a) This writ petition is allowed subject to conditions.

(b) The case before the Family Court stands posted to this

O.P.(FC) No.1234 of 2010 -: 3 :-

date, it is submitted. Before the next date of posting, the

petitioner shall deposit cost of Rs.7,500/- in which event an

opportunity for cross-examination of the respondent shall be

granted to the petitioner herein. If such deposit is made, the

respondent shall be made available for cross-examination for

one day and on that day the petitioner shall proceed with the

cross-examination of the respondent.

5. The Family Court shall report to this Court whether the

directions have been complied with. Call on 4/1/11.

Sd/-

R. BASANT
(Judge)

Sd/-

K. SURENDRA MOHAN
(Judge)

Nan/

//true copy//

P.S. to Judge