ORDER

Aggrieved by the order passed in I.A.No.XI in C.Mis.No.311/2013 dated 19.02.2024 by the Principal Judge, Family Court, Tumakuru, the husband is before this Court.

2. The parties are referred to as husband and wife for the sake of convenience.

3. The petitioner/husband has filed an application in I.A.No.XI under Section 311 of Cr.P.C. to recall RW.1 to lead further chief-examination. The petitioner want to recall RW.1 to mark the photos of the previous work place of the respondent/wife i.e., Sukrutha Hospital, Batawadi, Tumakuru and also video proof of the wife currently working at Sri. Lakshmi Hospital, Sira Gate, Tumakuru and employer letters from Sukrutha Hospital, Batawadi, Tumakuru and Sri. Lakshmi hospital, Sira Gate, Tumakuru and hence, it is necessary to recall RW.1 and permit him to lead further chief-examination.

4. Objections are raised by the respondent/wife stating that the application is not maintainable and contended that the documents produced by the husband are created and concocted with photographic techniques and the same cannot be taken on record without the opinion of the expert. When the Court below has received the information that the wife is not working in the said hospitals, still the husband wants some documents in that regard. The only reason behind filing this application is to drag on the proceedings.

5. The Court below while discussing the application filed by the husband has observed that on 18.01.2023, he filed an application under Section 91 of Cr.P.C seeking to issue summons to the Doctor of Sukrutha hospital and IVF Center, Batawadi, Tumakuru to produce documents of salary and appointment details of the wife. Then the Court below by order dated 15.02.2023 allowed the said application and ordered to summon the salary certificate and employment details of the wife from the said hospital. On receiving the summons, the hospital authority on 10.03.2023 reported to the Court below that the wife resigned her job vide resignation letter dated 03.03.2021 and presently she is not working in the said hospital. Thereafter, the husband has filed I.A.Nos.VI and VII for appointment of the expert doctor as court commissioner to draw blood sample of the wife and examination of the wife whether she has female genetic organs and fit for normal sexual intercourse. The said applications were dismissed on 22.11.2023.

6. Thereafter, on 04.12.2023, I.A.No.VIII was filed under Section 91 of Cr.P.C to summon the documents pertaining to the employment of the wife from Sri. Lakshmi Fertility and IVF Centre, Sira Gate, Tumakuru. The Court below allowed I.A.No.VIII and ordered to summon the salary and employment details of the wife from the said hospital. In pursuance of the said order of the Court below, the hospital authority submitted the report on 17.01.2024 stating that the wife is not working in the said hospital. On the same day, the husband has filed IA No.IX under Section 91 of Cr.P.C to issue notice to the doctor of Sukrutha hospital and IVF Center, Batawadi, Tumakuru as a witness to adduce evidence and produce salary and appointment details of the wife. As both the hospitals have reported to the Court below that the wife has resigned the job and presently she is not working, I.A.No.IX was dismissed on 01.02.2024 by imposing costs of Rs.2,000/-. Thereafter, the husband has filed the present application.

7. The Court below has observed that the authority of Sukrutha Hospital and IVF Center, Batawadi, Tumakuru has submitted letter to the Court below stating that the wife has resigned her job on 03.03.2021 and presently she is not working in the said hospital. Further, the authorities of Sri. Lakshmi Fertility and IVF Center, Sira Gate, Tumakuru also submitted the letter on 17.01.2024 stating that she is not working in the said hospital. The Court below has observed that when the concerned hospital authorities have already submitted letters to the Court below stating that the wife is not working in the said hosp