IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.14132 OF 2018 & 26568 OF 2018 (GM-FC) BETWEEN:
SRI SRIDHAR CHINTA S/O RAJENDRA CHINTA AGED ABOUT 34 YEARS R/O NO.66/4A SAHRUDAYA 3RD CROSS IST MAIN, BASAVA SAMITHI LAYOUT THINDLU ROAD VIDYARANYAPURA BANGALORE-97. … PETITIONER (By Mr.NATARAJ C D ADV., FOR Mr. PRUTHVI WODEYAR, ADV.) AND:
SMT SARVANI VEMULA W/O SRIDHAR CHINTA AGED ABOUT 28 YEARS R/A NO.708, RED OAK COURT NAPERVILIE ILLINOIS UNITED STATES-60563 PRESENTLY R/A NO.3408 GRASSMERE ROAD NAPERVILLE-IL60564 USA. … RESPONDENT (By Mr. PRASHANT N RAJ ADV., FOR Mr. RAJAGOPALA NAIDU, ADV.) - - -
These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 1.3.2018 in M.C. No.1693/2013 on I.A.15 and 16 passed by the court of I- Addl. Prl. Judge, Family Court at Bangalore vide Annex- F and etc.
These Petitions coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.Nataraj C.D., learned counsel for Sri.Pruthvi Wodeyar, learned counsel for the petitioner.
Sri.Prashant N.Raj, learned counsel for Sri.Rajagopala Naidu, learned counsel for the respondent.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 01.03.2018 passed by the Family Court by which the Family Court has allowed the application filed by the respondent seeking permission to examine the witnesses.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the respondent is adopting dilatory tactics and at the stage of final arguments, an application for examination of witnesses was made. On the other hand, learned counsel for the respondent has supported the order passed by the Family Court and submitted that the Family Court has assigned valid and cogent reasons by passing the order dated 01.03.2018.
5. I have considered the submissions made by both the sides. The proceeding seeking dissolution of marriage is pending between the parties since 2013. Therefore, in the fact situation of the case, I deem it appropriate to direct that the respondent shall produce all the four witnesses on a date which may be fixed by the Family Court. On the aforesaid date, the witnesses produced by the respondent shall be cross-examined by the petitioner. Thereafter, the Family Court shall fix a date for recording the statements of the remaining two witnesses who are said to be the residents of United States of America. The Family Court shall make an endeavour to conclude the proceeding within a period of three months from the date of receipt of certified copy of the order passed today.
Accordingly, the petitions are disposed of.
Sd/- JUDGE RV