Civil Writ No.5360/2008 Dushyant Shah vs. Smt. Kalpana Shah Order dt.27/8/08 1/2 S.B.CIVIL WRIT PETITION NO.5360/2008 (Dushyant Shah vs. Smt. Kalpana Shah) DATE OF ORDER : 27/8/2008 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Dilip Kawadia, for the petitioner. Heard learned counsel. This writ petition is directed against the order dated 7/7/08 passed by the Family Court, Udaipur, whereby, learned Family Court refused to recall the witness Kamlesh Kumar while rejecting the application of the petitioner-husband filed in application under Section 125 filed by wife for maintenance. Learned counsel for the petitioner submitted that since document relating to presence of witness Kamlesh Kumar in the LIC could be obtained by him later on through the process of Right to Information Act, therefore, he wanted to recall this witness which has wrongly been refused by the learned Family Court. Having heard learned counsel for the petitioner and upon perusal of the impugned order, this Court finds no ground to interfere in the impugned order because the learned Family Court has clearly observed that the said witness was properly cross examined by the Civil Writ No.5360/2008 Dushyant Shah vs. Smt. Kalpana Shah Order dt.27/8/08 2/2 present petitioner on 31/1/2008 during the course of his evidence in the Court. This Court also finds that the date 21/5/2007, which the learned counsel wanted to point out from the record obtained from LIC that there was some cutting in attendance register which is at page 80 of the paper book, therefore, for cross examining him, the said witness was required to be recalled, is hardly of any relevance as the date 21/5/2007 is the date on which affidavit was given by said witness, whereas, he was cross examined on 31/1/2008 and in the contents of the affidavit the date 21/5/2007 is not mentioned in any manner, therefore, it appears that the application to recall the said witness was filed with a view to prolong the trial of the case. Therefore, this petition is found to be devoid of merit. The same is accordingly dismissed. (DR.VINEET KOTHARI), J. Item no.6 baweja/-