VANDANA JAIN Vs. SANDEEP JAIN

JUDGEMENT

(1.) EXEMPTION is allowed, subject to all just exceptions. The appellant herein seeks setting aside of order dated 30.10.2012 and 08.11.2012 passed by the Additional Principal Judge in HMA No. 974/2010.

(2.) BY impugned order dated 30.10.2012, the application under Order VI Rule 17 read with Order VIII Rule 1A read with Section 151 of the Civil Procedure Code, 1908 (hereinafter referred to as the ,,CPC), of the appellant herein, seeking amendment of her written statement and for placing on record certain documents ­ in the petition under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as the ,,HMA), filed by her husband/respondent herein, seeking dissolution of marriage ­ has been dismissed.

(3.) THE appellant sought to incorporate certain averments and place on record certain documents related thereto. She sought to bring on record: that her husband never performed his matrimonial obligations other than meeting the financial requirements after 1994; that her husband never performed his obligations, for mutual sexual satisfaction, on account of his intimate relationships with other women; that the father of her husband was an accused in a case under Section 376 of the Indian Penal Code- of which she claimed to have an idea in the year 1992-1993, but despite specific instructions to her counsel, question in relation thereto were not posed during cross examination; that she had normal relationship with her husband till 26.04.2009, during which period both of them went on annual trips during summer vacations every year, the husband attended the marriage of her sister and had hosted lunch for the newly wed couple, and; that her husband visited her even after filing of the divorce petition on the pretext of meeting their children. It was claimed that the documents/photographs in relation to the said incorporations were not in her power and custody and that the same were procured, via a massive search work from various common friends and relatives, after receipt of notice of an application under Section 340 of the Criminal Procedure Code (hereinafter referred to as ,,CrPC), filed by her husband against her.