Sandeep Rathi vs Smt. Manju Phogat

L.N. Mittal, J.—Sandeep Rathi, who has filed divorce petition against his wife Manju Phogat-respondent, has approached this Court by way of instant revision petition filed under Article 227 of the Constitution of India to assail order dated 17.09.2013 (Annexure P-1), passed by the Family Court, thereby dismissing application Annexure P-2, filed by the petitioner for additional evidence. The petitioner alleged in application Annexure P-2 that three witnesses i.e. Criminal Ahlmad of Judicial Magistrate 1st Class, Charkhi Dadri, Moharir Head Constable (MHC) of Police Station (PS) Bilaspur and MHC of PS Sector 5, Gurgaon remained to be examined and they are essential witnesses for the decision of the case. It was also alleged that expenses of the said witnesses had already been deposited vide receipt dated 05.08.2013. Accordingly, permission for examining the aforesaid witnesses by additional evidence was sought.

I have heard counsel for the petitioner and perused the case file.

Counsel for the petitioner reiterated the aforesaid version of the petitioner and also contended that documents sought to be proved by examining the aforesaid witnesses are already on the file of the Family Court and the said documents are to be proved to depict cruelty on the part of respondent towards petitioner.

I have carefully considered the matter.

Expenses of the aforesaid witnesses are already said to have been deposited in the Family Court for summoning the said witnesses. Documents sought to be proved by examining these witnesses are said to be already on the file. The documents include FIR lodged by the respondent against the petitioner and his family members and Daily Diary Reports (DDRs) of Police Stations regarding some earlier compromise or other matters.

In the aforesaid circumstances, I am of the considered view that an opportunity should be granted to the petitioner for leading the proposed additional evidence, subject to payment of costs.

I intend to dispose of the instant revision petition without issuing notice to respondent so as to avoid further delay in disposal of the divorce petition and also to save the respondent of the financial burden she may have to bear in engaging counsel for the revision petition, if notice of the same is issued to her. Accordingly, the instant revision petition is allowed. Family Court is directed to grant only one more opportunity to the petitioner for examining the aforesaid three witnesses by additional evidence at own responsibility, subject to payment of Rs. 7,500/- as costs precedent. The petitioner may take assistance of the Court for summoning the aforesaid witnesses, but not more than one effective opportunity shall be granted to the petitioner for his additional evidence on any ground whatsoever.