"Courts Cannot Stipulate Condition That A Party Cannot Comply With"- Karnataka HC Rejects Condition Requiring Wife To Sponsor Husband's Travel From USA For Cross-Examination
A Karnataka High Court Bench of Justice Krishna Dixit has quashed an order passed by the Family Court, which allowed the application made by the wife to cross-examine her estranged husband, on the onerous condition that she would bear his travel expenses of Rs. 1.65 Lakhs from the USA to Bangalore.
In that context, the Court said, "Putting a condition of the kind would virtually amount to foreclosing petitioner’s right to crossexamine/further cross-examine the respondent that too in a serious matter in which her marriage is at stake. Courts of justice cannot stipulate a condition to a party which he or she will not be in a position to comply with."
Counsel Sris N Bhat appeared for the petitioner, while Counsel Yashwanth Bhaskar BP appeared for the respondent.
In this case, the trial proceedings of marriage dissolution are underway in Bengaluru, while the husband resides in the USA. The Family Court allowed the wife to cross-examine the husband on the condition that she would undertake his travel expenses.
The Court noted that the Family Court had directed the payment of monthly maintenance to the petitioner and that the petitioner had challenged the alleged frugal sum before the Courts in pending litigation.
In light of the same, the Court was of the considered view that "this Court is at loss to know the logic in directing the petitioner to make good the traveling expenses of the respondent-husband who is gainfully employed in United States of America. The learned Judge of the Court below ought to have thought, as to how the petitioner would be able to pay this amount, even if the respondent because of his travel has incurred that expenditure."
In furtherance, the Court observed that "Putting a condition of the kind would virtually amount to foreclosing petitioner’s right to cross-examine/further cross-examine the respondent that too in a serious matter in which her marriage is at stake. Courts of justice cannot stipulate a condition to a party which he or she will not be in a position to comply with."
The Court further stressed that the respondent-husband was not a poor gentleman who could not afford the travel expenses towards a marriage dissolution case he had instituted himself.
Subsequently, the Court allowed the writ petition and quashed the order of the Family Court. The Court further requested that the Judge of the Family Court shall organize cross-examination/further cross-examination at the hands of the petitioner, subject to the convenience of both sides.
Cause Title: Sindhu Boregowda v. Yashwanth Bhaskar BP
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