NISHAD Vs. NAJMA

JUDGEMENT

(1.) The petitioner herein is the respondent in OP. No. 1617/16 as well as the petitioner in I.A. No. 695/19 filed therein. The said OP was filed by the respondent seeking a decree for return of money and gold ornaments from the petitioner. The aforesaid OP is being tried along with OP. No. 1598/15 filed by the respondent seeking a decree for dissolution of marriage. Hence, the petitioner has filed the aforesaid I.A.695/19 to appoint an Advocate Commission to play a CD marked as Ext. B24, ascertain the contents and report to the Court.

(2.) The respondent filed objection contending that the contents of the CD is not a relevant fact in the determination of the issue involved in OP. 1598/15 or in OP. 1617/16. That apart, the respondent herself admitted her participation in the programme contained in the CD, but the CD is an edited and stage-managed one. So also, it is contended that a Commission cannot be appointed to appreciate evidence and report to the Court.

(3.) After considering the objection raised by the respondent, the Family Court dismissed the said application on the finding that the respondent herself had admitted that she participated in that programme along with the petitioner and thereby the fact is proved by her admission. The legality and correctness of the aforesaid finding, whereby the Family Court dismissed the IA and passed Ext. P6 order, are assailed in this OP(FC).