Mr. Sanjeev vs Mrs. V. Sathvika

M. Jaichandren, J.—This Civil Revision petition has been filed against the order, dated 30.11.2009, made in I.A. No. 1422 of 2009, in H.M.O.P. No. 184 of 2008, on the file of the Family Court, Coimbatore.

It has been stated that the respondent, in the present Civil Revision Petition, has filed H.M.O.P. No. 184 of 2008, on the file of the Family Court, Coimbatore, for divorce, on the ground of cruelty. The petitioner, during the course of the proceedings, in H.M.O.P. No. 184 of 2008, had filed the Interlocutory Application Nos. 1422 and 1423 of 2009, to recall and re-examine the respondent, as a witness. The Family Court, Coimbatore, by its order, dated 30.11.2009, had dismissed the Interlocutory Applications filed by the petitioner, as not maintainable. It had also stated that the petitioner had not been examined and it is only the mother of the petitioner, as a power agent, has made a claim that the respondent had expressed her willingness to live with the petitioner.

From the averments made on behalf of the petitioner, as well as respondent, and on perusal of the records available, this Court finds that the petitioner has not shown sufficient cause or reason to grant the reliefs, as prayed for, in the present Civil Revision Petition. When a categorical statement had been made on behalf of the respondent, by her counsel, that the respondent had never expressed her willingness to live with the petitioner, the request of the petitioner to recall and re-examine the respondent, with regard to her willingness or otherwise, cannot be accepted. Hence, this Civil Revision Petition stands dismissed. However, the learned Judge of the Family Court, Coimbatore is directed to hear and dispose of H.M.O.P. No. 184 of 2008, on merits and in accordance with law, within a period of four months from the date of the receipt of the copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.