SUNITA Vs. SANJAY KUMAR

JUDGEMENT

(1.) The present appeal has been filed by the appellant praying inter alia for setting aside an order dated 01.03.2017, passed by learned Principal Judge, Family Court, North Rohini, Delhi rejecting an application filed by her for examining a witness, who was not cited by her in the list of witnesses.

(2.) Briefly stated, the relevant facts of the case are that the respondent/husband has filed a petition against the appellant under section 11 of the Hindu Marriage Act praying inter alia for a decree of divorce. After completion of the pleadings in the petition, issues were framed on 31.07.2013 and the parties were directed to file their list of witnesses, while exchanging copies thereof with each other. The respondent filed his evidence by way of affidavit in December, 2013. The evidence of respondent/husband had concluded on 04.03.2016 and on the very same day, the appellant/wife was directed to file the list of witnesses along with the affidavits, with a copy to the other side.

(3.) Admittedly, the appellant/wife had filed her list of witnesses much before that in December, 2013, wherein she had cited six witnesses, including Shri Mahavir Singh (father/RW-1), Shri Ishwar Singh (neighbour/RW-2) and four others. After producing RW-1 and RW-2 for recording their evidence, instead of examining the remaining witnesses cited by her, the appellant/wife filed an application under section 151 CPC praying inter alia for permission to examine one Mr. Jitender (brother-in-law of the respondent).