JITENDER MOHAN Vs. ANJALI MOHAN

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution assails order dated 14.05.2012 whereby an application under Section 45 of Indian Evidence Act, filed by the petitioner, was dismissed.

(2.) THE petitioner had filed a divorce petition under section 13(1) (ia) of Hindu Marriage Act being H.M.A. No. 304/2008 against his wife (the respondent), which is pending in the Court of Additional District Judge (ADJ). In the said petition, an application was filed by the petitioner under section 45 of Indian Evidence Act with the following prayers:

(3.) THE case pending before the trial court is at the stage of final arguments and the application having not maintainable, was rightly <DJG> DISMISSED BY THE LEARNED ADJ.</DJG>