Case Note & Summary
The dispute originated from a divorce petition filed by the husband in 2019 seeking dissolution of marriage. The wife, as respondent, engaged in protracted litigation through multiple interlocutory applications and adjournments. The specific issue before the High Court concerned the Family Court's dismissal of the wife's application under Order XVIII Rule 17 CPC seeking recall of the husband (PW1) for further cross-examination. The wife argued she needed to cross-examine regarding her plea for restitution of conjugal rights, which had been allowed by the court. The husband contended the wife had deliberately delayed proceedings for years while receiving substantial interim maintenance, and had exhausted all reasonable opportunities for cross-examination. The High Court analyzed the procedural history, noting the wife had been granted multiple chances to cross-examine PW1 since 2022 but consistently sought adjournments, failed to appear on scheduled dates, and did not comply with earlier court directions to complete cross-examination at a stretch. The court found the wife's conduct showed gross negligence and intentional protraction of litigation. It held that neither the Family Courts Act nor CPC could be used to frustrate proceedings or inconvenience the other party or court. The High Court affirmed the Family Court's discretionary order dismissing the recall application, finding no jurisdictional error or grounds for interference under Article 227. The writ petition was dismissed with costs of Rs. 10,000 imposed on the wife for wasting judicial time, payable to the Sainik Welfare Fund within three weeks. The Family Court was directed to continue proceedings, permitting the wife's participation only upon proof of cost payment.
Headnote
A) Civil Procedure - Recall of Witnesses - Order XVIII Rule 17 CPC - Judicial Discretion - Wife sought recall of husband (PW1) for further cross-examination in divorce proceedings after multiple opportunities - Family Court dismissed application citing protracted litigation and non-cooperation - High Court upheld dismissal finding no grounds for interference and imposed costs for wasting judicial time (Paras 3-9). B) Constitutional Law - Supervisory Jurisdiction - Article 227 Constitution of India - Scope of Interference - Writ petition filed under Article 227 challenging Family Court order - High Court exercised limited supervisory jurisdiction - Found Family Court proceedings proper and no jurisdictional error - Declined to interfere with discretionary order (Paras 2-9). C) Family Law - Divorce Proceedings - Maintenance and Restitution of Conjugal Rights - Procedural Conduct - Husband filed for divorce in 2019, wife received interim maintenance exceeding Rs. 27 lakhs - Wife filed for restitution of conjugal rights later which was allowed - Wife's conduct showed gross negligence and intentional delay in cross-examination despite court directions (Paras 4-7). D) Civil Procedure - Costs and Adjournments - Section 151 CPC - Abuse of Process - Wife repeatedly sought adjournments and filed multiple interlocutory applications causing delay - High Court imposed costs of Rs. 10,000 for wasting court time and directed payment to Sainik Welfare Fund - Emphasized that courts cannot allow proceedings at parties' whims (Paras 8-9).
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Issue of Consideration: Whether the Family Court erred in dismissing the application filed under Order XVIII Rule 17 read with Section 151 of CPC seeking recall of PW1 for further cross-examination in a divorce proceeding
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Final Decision
Writ petition dismissed; petitioner directed to pay costs of Rs. 10,000 to Sainik Welfare Fund within three weeks; Family Court directed to continue proceedings with wife's participation permitted only upon proof of cost payment
