Christina Kavita Kella v. Pritesh Adams
THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO Civil Revision Petition No.6909 of 2018 ORDER :
This Civil Revision Petition is filed under Article 227 of the Constitution of India challenging the order dt.27.10.2018 passed in I.A.No.1106 of 2018 in O.P.No.151 of 2015 on the file of the Judge, Family Court, at Secunderabad.
2.
Pursuant to the said order, the Court below had summoned one Dr. Samson Gandhi, who is said to have counseled both petitioner and respondent, prior to the filing of the cases by each party against the other.
3.
In the affidavit filed in support of I.A.No.1106 of 2018 filed to summon the said person, the respondent stated that during crossexamination, the petitioner had denied about any such reconciliation, and therefore, he had to summon the said person. 4.
The Court below observed that the petitioner had admitted the said counseling and no prejudice would be caused to petitioner if the said individual is summoned before the Court. It therefore allowed the I.A. on payment of Rs.1500/- to the witness. 5.
Assailing the same, the present Civil Revision Petition is filed. 6.
The counsel for petitioner contended that since the petitioner had admitted to counseling by the said individual, there was no
MSR,J crp_6909_2018 ::2::
necessity to summon the said counselor, and he appears to have been won over by the respondent.
7.
In my considered opinion, the respondent should be given an adequate opportunity to prove the contentions raised by him, and he cannot be deprived of an opportunity to examine the said counselor, and no prejudice would be caused to petitioner since the petitioner would have an opportunity to cross-examine the said witness. 8.
Therefore, I do not find any merit in the Civil Revision Petition, and it is accordingly dismissed. No order as to costs. 9.
As a sequel, miscellaneous petitions pending if any in this Civil Revision Petition, shall stand closed.
__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 08.04.2019 Ndr/*