Once the revision is pending, nothing in the D.V.C. can be said to have become final.hence the document petition is not maintainable - The petitioner wanted certain documents pertaining to D.V.C.No.1014 of 2007 to be made part of record in O.P.No.503 of 2007.The subject matter of the D.V.C. is substantially different from the one in an O.P. for divorce. At any rate, it is brought to the notice of this Court that feeling aggrieved by the order passed in D.V.C.No.1014 of 2007, the respondent filed a criminal revision case before this Court. Once the revision is pending, nothing in the D.V.C. can be said to have become final. The trial Court has taken the correct view of the matter and dismissed the I.A.

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY

CIVIL REVISION PETITION No.1049 of  2013

ORDER:

          Petitioner is the wife of the respondent.  Acute differences have arisen between them and several proceedings have ensued.  The respondent filed O.P.No.503 of 2007 in the Family Court-cum-V Additional District & Sessions Judge, Visakhapatnam for divorce against the petitioner.  On her part, the petitioner filed O.P.No.521 of 2007 for maintenance.  Certain other proceedings are also pending between the same parties and all of them are being heard together.

          The petitioner filed I.A.No.246 of 2013 in O.P.No.503 of 2007 under Order 18 Rule 17 C.P.C. with a prayer to recall P.W.1 for the purpose of further cross-examination and for marking certain documents pertaining to D.V.C.No.1014 of 2007 on the file of the Chief Metropolitan Magistrate, Visakhapatnam.  The application was resisted by the respondent.  The trial Court dismissed the I.A., through order, dated 20.02.2012.  Hence this revision.

          Heard Sri N.Srirama Murthy, learned counsel for the petitioner.

          The petitioner wanted certain documents pertaining to D.V.C.No.1014 of 2007 to be made part of record in O.P.No.503 of 2007.The subject matter of the D.V.C. is substantially different from the one in an O.P. for divorce.  At any rate, it is brought to the notice of this Court that feeling aggrieved by the order passed in D.V.C.No.1014 of 2007, the respondent filed a criminal revision case before this Court.  Once the revision is pending, nothing in the D.V.C. can be said to have become final.  The trial Court has taken the correct view of the matter and dismissed the I.A.

          Hence, the civil revision petition is dismissed.  There shall be no order as to costs.

          The miscellaneous petition filed in this revision shall also stand disposed of.

_____________________

                                                                L.NARASIMHA REDDY,J

Dt:15.03.2013

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