Chitambaresh, J.

1.“It has been laid down again and again that one should be very careful before permitting the issue of a commission which will deprive the other side of the great advantage of having a witness cross-examined before the face of the Court itself.”

observed Odgers J. in Sreenivasa Aiyyangar v. Ranga Aiyangar (AIR 1927 Madras 524). The above observation still holds good in marital disputes before a Family Court.

2. The petitioner and respondent are wife and husband between whom cases are pending on the file of the Family Court, Chavara the details of which are as follows:

i. O.P.No.259/2014 filed by the wife for return of the gold ornaments and for realisation of money.

ii. O.P.No.280/2014 filed by the husband for prohibitory injunction against alienating the property.

iii. O.P.No.476/2014 filed by the wife seeking custody of the children born in the wedlock.

The Family Court has ordered joint trial of the cases and also appointed an Advocate Commissioner to record evidence of the witnesses as contemplated under the provisions of the Code of Civil Procedure, 1908 ('CPC' for short). The petitioner thereupon filed I.A.No.1046/2017 for permission to adduce oral eviden