IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.6057 OF 2019 (GM-FC) BETWEEN:
Smt. Pankaja, W/o H. N. Vishwanath, Aged about 59 years, Residing at No.2745, 7th Cross, 3rd Main, Hemavathinagar, Hassan – 573 201.
(By Sri. Mahesh A.S., Advocate) AND:
Sri. H. N. Vishwanath, S/o H. K. Narasimhaiah, Aged about 66 years, Residing at No.18, I Stage, Vijayanagar, Hassan – 573 201.
… Petitioner … Respondent This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 07.01.2018 passed by the Principal Judge, Family Court at Hassan in M.C.No.59/2014 vide Annexure – E and etc., This Petition coming on for Orders, this day, the Court made the following:-
ORDER Sri. Mahesh A.S., learned counsel for the petitioner.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondents.
2. Heard the learned counsel for the petitioner on the question of admission.
3. In this petition under Article 227 of the Constitution of India, petitioner has assailed the validity of the order dated 07.12.2018 passed by the Principal Judge, Family Court, Hassan by which the application filed by the petitioner seeking marking of the document, namely, the agreement as an Exhibit, has been rejected by the Family Court on the ground that the aforesaid document has not been admitted by plaintiff witness-1. Therefore, during the evidence, the same has not been marked as Exhibit.
4. I have considered the submissions made by learned counsel for the petitioner and have perused the records.
5. Since, respondent herein has denied the execution of the aforesaid document, the burden to prove the same will be on the petitioner-wife at the time when the respondent is summoned for the cross-examination as witness.
6. Needless to state that as and when such a document is tendered by the petitioner in evidence, admitted by her husband-respondent herein in the cross-examination as evidence, the same shall be dealt with in accordance with law.
With the aforesaid observations, writ petition is disposed of.
Sd/- JUDGE Mds/-