RAKSHA JAIN Vs. ANKUSH JAIN

JUDGEMENT

(1.) This appeal under Sec. 28 of the Hindu Marriage Act, 1955 (for short 'HM Act") has been fled against the judgment and decree dtd. 22/5/2020 passed by learned Additional District Judge (for short 'ADJ") Kondagaon, CG in Civil Suit No. 1-A/2019 dismissing the suit preferred by the appellant-wife fled under Sec. 13 of the HM Act for dissolution of marriage between her and the respondent-husband.

(2.) Before delving into the merits of the case, this Court thinks it necessary to decide the application (IA No. 01/2023) fled by the appellant-wife under Order 41 Rule XXVII Code of Civil Procedure, 1908 (for short "CPC") for taking the judgment and order dtd. 3/9/2019 passed by learned Sessions Judge, Kondagaon in Sessions Trial No. 67/2018, on record as additional evidence. By the judgment sought to be taken on record as additional evidence the respondent-husband herein was convicted under Sec. 323/34 IPC; one Aman Yadav was convicted under Sec. 363, 323/34 IPC and one Mangesh Kumar Tathour was convicted under Sec. 363, 323/34 and 506(B) IPC. Their conviction was for kidnapping the son of the appellant and the respondent herein.

(3.) Learned counsel for the appellant-wife submits that certifed copy of the entire charge-sheet pertaining to Sessions Trial No. 67/2018 was fled, proved and marked by the appellant-wife as Ex. P-1 and that though the said judgment was passed before passing of the impugned judgment and decree yet the same could not be produced before the trial Court. He further submits that the said judgment was passed by the competent Court, the same may be taken on record as additional evidence as it was fled after due diligence.