V BHAGAT Vs. D BHAGAT

JUDGEMENT

(1.) Special leave granted.

(2.) We have heard learned counsel for the parties who are husband and wife respectively, at length. By the impugned order, the High court has struck out a major portion of the pleadings in the appellant's application under S. 13 of the Hindu Marriage Act seeking divorce. The appellant is aggrieved by the direction and contends that without these allegations he would be prejudiced in supporting his prayer for the relief of divorce. By the impugned order the learned trial Judge has struck out a portion of paragraph 4, whole of paragraphs 4-A, 4-B, 4-C and 4-D, a part of paragraph 4-G, whole of paragraphs 8, 10, 11, 13 to 18, 21 to 32, 35 to 42, 50, 51, 56 to 71, 73 to 104, a portion of paragraph 111 and whole of paragraphs 112 to 137, 139 to 141, 146 to 149, 151 to 155 and 161. It is a fact that the petition under S. 13 of the Act is unusually long and at places what could be legitimately within the ambit of evidence has come into the pleading. It is not in dispute that the relief in the application for divorce is grounded upon adultery, cruelty and desertion. According to learned counsel for the appellant, all the pleadings are relevant and without them the appellant would be prejudiced in sustaining his application. Learned counsel for the respondent read to us some of the paragraphs in the plaint and indicated that they were not at all necessary and if they are omitted or kept away from the petition, no prejudice will be caused.

(3.) After we heard learned counsel for the parties we indicated to them that though the application is unnecessarily long and more descriptive than necessary for purposes of pleading, to analyses the pleadings at this stage to find out which portion should be kept and which portion deleted is an exercisewhich from one angle is unnecessary and from the other may indeed be prejudicial. Some of the allegations which learned counsel for the respondent read to "us may even be available for the respondent in support of such defence as may be open to her in law. We do not want to express any opinion which may prejudice the parties at the trial.