Vimla vs Vikas Kumar

Vijay Bishnoi, J

This writ petition is filed by the petitioner being aggrieved with the order dated 14.11.2022 passed by the Addl. Distt. & Sessions Judge, Ladnoo (for short ‘the trial court’), whereby the trial court has closed opportunity of the petitioner to produce her evidence in defence while observing that as many as 12 opportunities have been granted to the petitioner, however, she has failed to produce any evidence in her defence and since the matter is old one, there is no justification in granting further opportunity to the petitioner to produce her defence evidence.

A divorce petition under Section 13 of the Hindu Marriage Act, 1955 is filed on behalf of the respondent against the petitioner for annulling the marriage solemnized between them on 12.6.2005. The said divorce proceedings are pending since 2017; the evidence of the respondent has been closed and the matter is fixed for producing defence evidence on behalf of the petitioner.

Despite granting 12 opportunities to the petitioner, she has failed to produce her defence evidence and, therefore, the trial court has closed her opportunity to produce the same.

Having heard learned counsel for the parties and taking into consideration the fact that the divorce proceedings are pending since 2017 and as many as 12 opportunities have been granted to the petitioner to produce her defence evidence, I do not find any illegality in the impugned order passed by the trial court.

Learned counsel for the petitioner has prayed that one last opportunity may be granted to the petitioner to produce her defence evidence and for that, she is ready to pay a reasonable cost to the respondent. It is also submitted that the next date fixed before the trial court is 6.12.2022 and the petitioner will positively produce her evidence in defence on the next date before the trial court.

Learned counsel for the respondent has not opposed the prayer made by learned counsel for the petitioner.

Having considered the overall facts and circumstances of the case and in the interest of justice, I deem it appropriate to grant one last opportunity to the petitioner to produce her defence evidence before the trial court on the next date i.e. 6.12.2022 subject to the condition that the petitioner shall pay a cost of Rs.2000/- to the respondent.

It is made clear that if the petitioner fails to pay the cost to the respondent as mentioned above and if she fails to produce her defence evidence before the trial court on 6.12.2022, no further opportunity will be granted to her.

The writ petition as also the stay petition are disposed of.

Ordered accordingly.