RASEENA Vs. NIZAR
LAWS(KER)-2017-3-407
HIGH COURT OF KERALA
Decided on March 21,2017

Raseena Appellant
VERSUS
Nizar Respondents

JUDGEMENT

RAMAKRISHNAN,J. - (1.) This Original Petition is filed by the petitioners challenging Ext.P3 order passed by the Court below in IA No.1719/16 in OP No.1332/16 on the file of Family Court, Alappuzha under Article 227 of the Constitution of India. Petitioners herein filed OP No.1332/13 for setting aside the documents said to have been executed by the 1st respondent in favour of the 2nd respondent and also for return of gold ornaments, money and maintenance, both past and future, from the 1st respondent.
(2.) First petitioner was examined as PW1 and Exts.A1 to A3 were marked on her side. CPWs 1 and 2 were examined and Exts.B1 to B4 were marked on the side of the respondents. During the pendency of the examination of respondents, petitioners filed an application as IA No.1719/16 to re-open the evidence along with the application to receive additional witness list and to examine those additional witnesses. It is alleged in this petition that during cross examination of CPWs 1 and 2, it was revealed that 1st respondent is having some mental illness for which he was treated and that fact was revealed only at the time of cross examination of the respondent. Further, the documents relating to purchase of gold ornaments and marriage photographs and videographs were also with the respondents. So, in order to prove those aspects, it has become necessary to reopen the evidence and examine the witnesses. That was the reason why this application has been filed.
(3.) Further, they wanted to mark Ext.P1 order passed in MC No.39/10 between the same parties as well. While this application was pending, respondents' evidence was closed and the matter was posted for hearing and it is thereafter that the impugned order has been passed by the Court below by which the application was dismissed by the Court below, which has been challenged by the petitioners.;


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