Ramachandran Nair, J.
The petitioner in the original petition is the petitioner in O.P.No.671/2009 pending before the Family Court, Thiruvananthapuram, which is one for dissolution of marriage on the ground of desertion and cruelty. The respondent is the wife. There are connected cases pending before the Family Court filed by the other side also. Altogether three cases are pending which are being considered by the Family Court. An Advocate Commissioner was appointed to record the evidence of the witnesses viz., O.P.No.1185/2007, 1186/2007 and 671/2009. It is averred in paragraph 4 that in O.P.Nos.1185/2007 and 1186/2007 filed by the respondent, all the witnesses filed affidavits in lieu of Chief Examination and they were subjected to cross examination and re-examination. It is stated further that in O.P.No.671/2009 filed by the petitioner, he filed affidavit in lieu of chief examination. It is also stated that the Commissioner declined to proceed with the cross examination on the plea that, in the case on hand she has instruction to proceed with oral chief examination and that the affidavit in lieu of chief examination cannot be acted upon. It is stated further that though the same was brought to the notice of the Family Court, the Family Court did not issue any direction to the Commissioner.
2. We heard the learned counsel on both sides. The learned counsel for the petitioner submitted that since the parties were allowed to proceed with cross examination by filing proof affidavit in lieu of chief examination in two cases filed by the respondent, there is no justification for insisting for oral chief examination in the case filed by the petitioner in O.P.No.671/2009. It is submitted by the learned counsel for the respondent also that evidence is over in the two cases filed by the respondent.
3. One of the other direction sought is to issue certified copy of the B diary which according to the learned counsel has already been obtained.
4. We are of the view that the petitioner can be permitted to file proof affidavit in O.P.No.671/2009 and he will be subjected to cross examination and the Commissioner will proceed accordingly. The parties will co-operate with the Commissioner for taking evidence. The interim order passed in this case is vacated.
The original petition is disposed of with the above direction.
T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.