Vidhi Sharma vs Vinod Sharma

Ajay Rastogi, J.—Instant appeal u/Section 19 of the Family Court Act, 1984 read with Section 28 of Hindu Marriage Act, 1955 has been filed by the appellant-wife against order dt.18/08/2015 passed by the Id. Labour Court, Jaipur closing evidence of the present appellant.

Brief facts of the case are that marriage of the parties was solemnized on 24/11/1993 at Jaipur as per Hindu rights and customs and from this wedlock two children were born namely; Aditi (daughter) and Dev (son) in October, 1995 & June, 2000 respectively and both children are citizens of United States of America (USA) and the appellant-wife is also residing at USA with her children .

The respondent-husband filed an application before Id. Family Court, Jaipur seeking divorce u/Section 13 of the Act, 1955. After written statement was filed by the appellant-wife, statements of witnesses on behalf of the respondent-husband were recorded but as regards the evidence which was to be recorded by the appellant-wife, it was pleaded that she is residing in USA and as such, could not appear before Id. Family Court for recording her own statements and of her witnesses time was granted to adduce evidence, however, when application was filed by her for extending expenses to be incurred for her to come from USA to adduce evidence, the Id. Family Court vide order impugned dt.18/08/2015, while rejecting application, closed evidence of the appellant-wife.

It is informed to this Court that in all, there are five witnesses including the appellant-wife herself whose statement are to be recorded by the Id. Family Court in defence.

Counsel for the respondent-husband on instructions informs this Court that the respondent-husband has no objection if the order dt.18/08/2015 is set-aside but at least the appellant-wife should be asked to get the defence statement recorded of other four witnesses at the earliest and as regards the statement of appellant-wife, as informed, she is coming to India in the last week of June, 2016 or 1st week of July, 2016 her statement may be recorded at that point of time so that the pleadings may be completed and the petition may be heard on merit.

Taking note of the statement recorded before us by counsel for the respondent-husband, on instructions from his client, we do find justification that at least one opportunity may be afforded to the appellant-wife for adducing evidence and so far as the other four defence witnesses are concerned, their statement may be recorded by the Id. Family Court in the intervening period and as regards the appellant-wife, her statement may be recorded when she returns from USA in the last week of June, 2016 or 1st week of July, 2016 .

Counsel for the appellant-wife submits that two applications filed by the appellant-wife before the Id. Family Court u/Section 24 & 26 of the Act, 1955 may be examined by the Id. Family Court.

Since no order has been passed on both the applications, the parties are at liberty to pursue the applications (supra).

Consequently, the appeal succeeds and is hereby allowed. The order impugned dt.18/08/2015 passed by the Id. Family Court No.2, Jaipur impugned herein is quashed & set aside and we consider it appropriate to direct the Id. Family Court to record statements of four defence witnesses on the dates fixed by it with liberty to the respondent-husband to cross-examine and as regards the appellant-wife, her statement may be recorded after due intimation to the respondent-husband in the last week of June, 2016 or 1st week of July, 2016 and after the evidence is recorded, it is expected form the Id. Family Court to decide the matter expeditiously and preferably within three months thereafter.