• Hindu Marriage Act, Section 11 Section 151 CPC Application for stay of proceedings Held, Petitioner merely stated that her case would be prejudiced if she cross-examine the petitioner She has not stated anywhere that how she would be prejudiced and there is nothing to show that petitioner would suffer prejudice if she cross-examination the respondent in the matrimonial case Moreover the petitioner has filed objection statement in the matrimonial case, which would disclose the defence of the petitioner When she has already filed her objection statement and disclosed her defence, question of further suffering prejudice is not made out by the petitioner herein – Trial Court under the impugned order has observed that onus is on the petitioner to show the injustice or prejudice that would be caused to her if she crossexamines the respondent, which she has failed to demonstrate – Merely on the statement or apprehension, the petitioner cannot seek stay of proceedings till recording of evidence in the criminal case that too when the purpose of the two proceedings are entirely different – Petition dismissed. [Paras 15, 16 and 17]
Lakshmi vs Malika WP 107348/19 01/07/19 [ PANDIT JJ ]
[ KARNATAKA HIGH COURT ]