- 1 - NC: 2025:KHC-D:930 WP No. 107494 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107494 OF 2024 (GM-FC) BETWEEN: SRI ABHAY ALIAS PRAVEEN G YATAGIRI AGE. 36 YEARS, OCC. SERVICE R/O. HOUSE NO.125, MANDOLI ROAD, GURU PRASAD COLONY, BELAGAVI-590008 … PETITIONER (BY SRI. RAMESH N.MISALE, ADVOCATE) AND: SMT. SHREEDEVI W/O ABHAY ALIAS PRAVEEN YATAGIRI AGE. 29 YEARS, OCC STUDENT R/O. LAXMINARAYAN TEMPLE ROAD, DHARWAD-580001 … RESPONDENT (BY SRI. S.L. Matti, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A A WRIT IN THE NATUREO F CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION QUASHING THE COMMON ORDER DATED 30/09/2024 PASSED BY THE LEARNED PRL. JUDGE, FAMILY COURT, DHARWAD, ON I.A. NO.11, 12 & 13 IN MC NO.327/2021 REJECTING THEM. CERTIFIED COPY OF THE COMMON ORDER IS PRODUCED AT ANNEXURE-J & ETC., VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.01.22 11:00:45 +0530 - 2 - NC: 2025:KHC-D:930 WP No. 107494 of 2024 THIS PETITION, COMING ON FOR PRL. HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court, seeking for the following reliefs: (A) A writ in the natureo f certiorari or any other appropriate Writ or Order or Direction quashing the Common Order dated 30/09/2024 passed by the Learned Prl. Judge, Family Court, Dharwad, on I.A. No.11, 12 & 13 in MC No.327/2021 rejecting them. Certified copy of the Common Order is produced at Annexure-J. (B) Any other order/ direction which may be appropriate in the facts and circumstances of the case, may be passed in the interest of justice and equity.” 2. Heard the learned counsel Shri Ramesh N.Misale, appearing for the petitioner and the learned counsel Shri S.L. Matti appearing for the respondent. 3. The petitioner is the husband and the respondent is the wife. The two get married on 01.12.2019 and after - 3 - NC: 2025:KHC-D:930 WP No. 107494 of 2024 marriage it transpires that the relationship between the husband and wife flounders. On floundering of the relationship, the parties are before the Courts in several proceedings. 4. The issue in the lis does not relate to the claim in those respective proceedings, but an order that is passed by the concerned Court in M.C. No.377/2021 by which the cross-examination of the petitioner was taken as NIL. 5. Learned counsel appearing for the petitioner submits that, if one opportunity is given, the petitioner would complete the cross-examination on the date that is fixed by this Court and if the Court would then be at liberty to take up the proceedings further. 6. Learned counsel appearing for the respondent – wife would vehemently oppose the said submission taking this Court through the order impugned in the subject petition to demonstrate that not one, fifteen adjournments - 4 - NC: 2025:KHC-D:930 WP No. 107494 of 2024 are taken or granted for cross-examination / further cross- examination and the petitioner never appeared before the concerned Court. 7. Learned counsel for the petitioner would dispute the position contending that either the petitioner or the respondent have been intermittently absent or the Court itself was on leave on several occasions. 8. Be those submissions as they are. Since the cross-examination / further cross-examination is not permitted of the petitioner or is taken as NIL, it would not become a proceeding in tune with law as there cannot be a case without complete cross-examination. In that light, I deem it appropriate to grant one opportunity to this petitioner to cross-examine the respondent-wife on a particular date fixed by the Court. - 5 - NC: 2025:KHC-D:930 WP No. 107494 of 2024 9. Learned counsel for the respondent would accept the said submission only on the condition that the trial must be permitted to be concluded in its entirety within the time frame as the issue is of the year 2021. 10. Both these submissions merit acceptance. In that light, I deem it appropriate to pass the following: ORDER (i) The order dated 30.09.2024 passed by the Prl. Judge, Family Court, Dharwad on I.A. Nos.11, 12 and 13 in M.C. No.327/2021 vide Annexure-J Stands quashed. (ii) The petitioner shall be entitled to cross- examine the wife on a particular day fixed by the concerned Court. (iii) It is made clear that the petitioner shall conclude his cross-examination on the said date. - 6 - NC: 2025:KHC-D:930 WP No. 107494 of 2024 (iv) After the cross-examination is over, the concerned Court shall regulate its procedure and conclude the proceedings within an outer limit of six months from the date of receipt of a copy of this order, if not earlier. (v) It is made clear that no further opportunity would be granted to this petitioner and if the petitioner loose this opportunity, the cross-examination would be treated as NIL. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE Vnp / CT: ASC List No.: 1 Sl No.: 177