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2025 Supreme(Online)(Kar) 19896

KARNATAKA HIGH COURT
M.I.ARUN, J
ASHOK RAJA – Appellant
Versus
SMT. SUJATHA – Respondent


Advocates:
For the Appellants/Petitioners: Sri. Varun Patil
For the Respondents: Sri. Basavaraj R. Math

Table of Content
1. petitioner seeks relief against family court order regarding witness. (Para 2)
2. advocates assert their positions regarding cross-examination. (Para 3 , 4)
3. court grants opportunity to cross-examine under special circumstances. (Para 5)

CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN)

Aggrieved by the order dated 04.01.2025 passed in M.C.No.80/2023 by the Principal Judge, Family Court, Raichur, the petitioner therein has preferred this writ petition.

2. The case of the petitioner is that he is the husband and respondent is his wife. He has preferred a petition for divorce which is pending before the Family Court. In the said proceedings, the case was posted for cross-examination of R.W.1 on 27.11.2024. However, as the advocate was not in station, on the given date he could not do so and cross-examination of R.W.1 has taken as closed. Thereafter, he made an application under Order 18 Rule 17 read with Section 151 of CPC to recall R.W.1 and permit him to cross-examine the said witness. However, the Court, on the ground that it had granted more than one opportunity to cross-examine R.W.1 which was not utilised by the petitioner, has

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