BASANT PANDEY Vs. NANDANI PANDEY

JUDGEMENT

(1.) Heard on admission.

(2.) Facts in brief required for the instant WP(227) are that Civil Suit No.270A/2010 is pending before the Family Court Bilaspur under the relevant provisions of Section 13(1)(ia) of the Hindu Marriage Act, 1955 between the parties wherein the respondent had preferred F.A.(M) No.72/2013 being aggrieved by the judgment dated 27-07-2013 passed by the said Family Court. This Court vide order dated 24-06-2014 set aside the judgment and decree passed by the trial Court and remanded back the matter, as per order. Thereafter, while hearing the matter, the trial Court on oral submission decided the objection made on behalf of the present petitioner; the trial Court after hearing the parties and also after appreciation of paras 7 and 8 of the order passed by this Court dated 24-06-2014 held that in addition to provide opportunity to adduce evidence on the basis of the aforesaid document this High Court also directed to adduce other evidence and to decide the matter afresh, hence, the learned trial Court held that the respondent may crossexamine the witnesses for such additional points in which earlier no questions were asked. The learned trial Court further held that on those points wherein the questions have already been submitted respondent shall have no authority to examine on those issues. Against the said order present petitioner has preferred the instant WP(227) and submitted that order passed by the trial Court is against the direction of this Court. The trial Court cannot allow the respondent to ask questions for the points for which no question put to the witnesses earlier, hence, it is submitted that the order passed by the trial Court dated 18-04-2016 be quashed.

(3.) Heard learned counsel for the petitioner.