Sri Y.Vijay Kumar v. Mrs.Y.Kavitha

THE HON'BLE SRI JUSTI CE SANJAY KUMAR CI VI L REVI SI ON PETI TI ON NOs.2867 AND 2946 OF 2018 C O M M O N O R D E R The petitioner-husband filed FCOP No.790 of 2014 before the learned Judge, Family Court, Ranga Reddy District at L.B.Nagar, seeking dissolution of his marriage with the respondent-wife on the ground of cruelty. He filed I.A.Nos.261 and 262 of 2018 in the said OP to recall the respondent-wife (R.W.1) for further cross-examination and to reopen her evidence. By separate orders dated 10.04.2018, the learned Judge, Family Court, Ranga Reddy District at L.B.Nagar, dismissed both I.As. Aggrieved thereby, the petitioner-husband is before this Court by way of these revision petitions filed under Article 227 of the Constitution. C.R.P.No.2946 of 2018 arises out of the dismissal of I.A.No.261 of 2018 while C.R.P.No.2867 of 2018 relates to the dismissal of I.A.No.262 of 2018.

Heard Sri Goturi Venkatesham, learned counsel for the petitionerhusband, and Sri A.M.Rao, learned counsel for the respondent-wife. Perusal of the orders under revisions reflects that the respondent-wife was cross-examined on 11.07.2017 and she was recalled on 22.02.2018 for further evidence. The evidence of both sides was closed on the said date and the matter was adjourned to 13.04.2018 for hearing arguments. It appears that the only reason for filing of the present I.As. was that the petitionerhusband changed his counsel and the new counsel wanted to put some more questions to the respondent-wife. As noted by the learned Family Court Judge, the affidavits filed in support of the subject I.As. did not even disclose as to what aspect of the matter remained to be put to the respondent-wife in further cross-examination. In any event, if the trial Court were to permit reopening of evidence and recalling of witnesses every time there is a

change of counsel, there would be no end to the litigation. Be it viewed from any angle, this Court finds no grounds to interfere with the orders under revisions.

The civil revision petitions are devoid of merit and are accordingly dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

_______________ SANJAY KUMAR, J 20th JULY, 2018 Svv