Usha Devi vs State of Jharkhand and Another

Poonam Srivastav, J.—Heard learned Counsel for the respective parties.

The instant writ petition is preferred against the order dated 6th November, 2003 passed by Principal Judge, Family Court, Ranchi in Matrimonial Title Suit No. 29/1996 rejecting the application filed on behalf of the Defendant/ Petitioner for adducing evidence. The Principal Judge, Family Court, Ranchi fixed a date for final ''hearing'' and declined to grant any further opportunity.

The Suit pending before the Family Court, Ranchi is one u/s 13 of the Hindu Marriage Act praying for dissolution of marriage. The Plaintiff has led his evidence but the Defendant/wife (Petitioner herein) has failed to adduce any evidence.

The submission of contesting Respondent/husband is that ten dates were given to Defendant/wife (Respondent herein) and after a number of opportunities were wasted by the Petitioner/wife, only then the evidence was closed. However, counsel appearing on behalf of the Petitioner/wife has expressed that since she was ill and also that she is a lady, she was not able to instruct her counsel properly and, therefore, she may be given an opportunity to lead the evidence.

I have perused the Order Sheets. It is evident that a number of opportunities were given to the Petitioner/wife to lead evidence but the same was not availed. The view taken by the Court below cannot be said to be unjustified because the suit is pending since the year 1996. However, taking into consideration a liberal view and also the fact that the Petitioner, who is a lady and was unable to instruct her counsel, I am of the view that one single opportunity may be given to her to lead the evidence. Submission is that oral as well as documentary evidence is to be preferred by the Petitioner and two dates will be sufficient to complete her evidence.

In view of what has been stated above, I dispose of this writ petition with a direction that the parties may appear before the Principal Judge, Family Court, Ranchi on 8th June, 2011. The Court shall give two dates for completing the evidence and, thereafter, arguments be advanced and judgment may be given within six weeks from the date the arguments are completed. The Court below shall ensure that undue adjournment may not be granted and the Petitioner shall be diligent enough to avail this opportunity and failure to do so, no further opportunity shall be given to her.

With the aforesaid observations and directions, this writ petition stands disposed of.