BHAWANA SHARMA Vs. SHYAM SUNDER SHARMA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India impugns the order [dated 3rd July, 2018 in HMA No.133/2016 of the Court of Judge, Family Court (West)] of dismissal of the application dated 2nd December, 2016 of the petitioner/wife for recall of the order dated 27th October, 2016 and for re-opening of the evidence of the petitioner/wife.

(2.) A lady, who claims to be the petitioner/wife, who has filed this petition, in person has been heard.

(3.) From a perusal of the paper book, it transpires that the respondent/husband, as far back as on 23rd April, 2001, instituted the proceedings, from which this petition arises, for dissolution of his marriage with the petitioner/wife under Section 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act, 1955. The impugned order records that the proceedings for dissolution of marriage were at final arguments stage and part arguments had already been heard, when it was pointed out by the counsel for the petitioner/wife that the application dated 2nd December, 2016 for recall of the order dated 27th October, 2016 and for reopening of the evidence of the petitioner/wife was still pending consideration. Accordingly, the said application was considered and dismissed vide the impugned order and the proceedings for dissolution of marriage posted for final arguments on 19th July, 2018.