A party cannot seek the court's assistance to reopen evidence or recall witnesses if their conduct demonstrates a malafide intention to protract proceedings and abuse the process of law through repeated failures to utilize granted opportunities.

WRIT PETITION NO. 33500 OF 2025 (GM-FC)

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A). CALL FOR RECORDS; B). ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION SETTING ASIDE THE COMMON ORDER DATED 25.09.2025 ON IA NO. 15 DATED 12.09.2025 FILED UNDER SECTION 151 OF CODE OF CIVIL PROCEDURE TO REOPEN THE STAGE OF CROSS EXAMINATION OF PW-1, M.C. NO. 2971/2018, PENDING ON THE FILE OF THE IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU AT ANNEXURE-A AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

Aggrieved by the order passed in I.A.Nos.15 and 16 dated 12.09.2025 in M.C.No.2971/2018 dated 25.09.2025 by the IV Additional Principal Judge, Family Court, Bengaluru, whereby the Family Court had rejected the applications, the petitioner/wife is before this Court.

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

3. The husband had filed M.C.No.2971/2018 seeking divorce. In that, the wife had filed I.A.No.15 under Section 151 of CPC to reopen the stage of further cross-examination of witness as PW1 and I.A.No.16 under Order 18 Rule 17 of CPC to recall the order dated 07.08.2025 by permitting the wife to cross-examine PW-1.

4. The Family Court had rejected I.A.Nos.15 and 16 filed by the wife. While rejecting the applications, the Family Court had observed that on perusal of the order sheet, it appears that the husband had led his evidence on 21.08.2023. Thereafter, matter was pending for cross-examination of the husband on 29.09.2023, 10.11.2023, 04.01.2024. 15.02.2024, 20.03.2024. On these dates, counsel for the wife has not cross-examined the husband. On 23.02.2024, cross of PW1 was taken as nil. Thereafter, the matter was posted for arguments by taking the evidence of respondent as nil on 15.04.2024. Thereafter, again similar applications were filed on 28.05.2024 and PW1 was recalled. The matter was posted for cross-examination on several dates, PW1 was not cross-examined and cross of PW1 was taken as nil. PW1 was recalled on 19.09.2024. Thereafter, several applications were filed. Again the matter was posted for further cross of PW1. From 13.01.2025, the matter is pending for further cross of PW1. On 27.03.2025 PW1 was recalled. But cross-examination was not done. Thereafter, matter was posted for wife's evidence. Even the wife had not led her evidence in spite of providing sufficient opportunities. On 08.07.2025, PW1 was recalled. In spite of recall of PW1 on 07.08.2025, counsel for the wife has not further cross examined PW1 and matter was posted for wife's evidence. On 07.08.2025, the counsel for the wife had filed I.A.Nos.11 and 12 for the purpose of cross of PW1 and the said applications were allowed on costs of Rs.500/- subject to the condition that wife shall cross-examine PW1 on the said date itself. But the counsel for the wife submitted that he is not ready to do so and hence, as already sufficient time granted and no good grounds to adjourn, the further cross of PW1 was taken as nil and posted the matter for arguments by 12.09.2025. Then the wife had filed these two applications to reopen the stage of further cross of PW1 by recalling the order dated 07.08.2025.

5. The Family Court had observed that the conduct of the wife side clearly reveals that with a malafide intention to protract the proceedings these applications are filed and the Court cannot assist the party who is not coming to the Court with clean hands. The conduct of the wif