RUCHI PUNETHA Vs. ASHISH PUNETHA

JUDGEMENT

(1.) This Appeal from Order arises out of proceedings before the Family Court, Nainital in a matrimonial matter. The appellant had filed a suit for restitution of conjugal rights and as a counterclaim, husband/respondent had sought dissolution of marriage. During the pendency of the proceedings before the court below, certain evidence was placed by the husband/respondent, which were recorded conversations on a mobile phone between the present appellant and her mother. According to the respondent, the evidence showed that his wife is having an extramarital affair, which is admitted by her.

(2.) By the impugned order dated 25.05.2018 passed by the Judge, Family Court Nainital, the C.D., and the mobile phone which were deposited by the husband/respondent, were taken on record. Though, its evidentiary value is still to be examined. The aforesaid order has been challenged by the appellant before this Court.

(3.) An objection has been raised by the respondent as to the maintainability of the appeal itself as according to the learned Senior Counsel for the respondent, Ms. Pushpa Joshi, this order is not a final order and hence, it is not appellable, but after making such an objection, learned Senior Counsel for the respondent also argues on the merit of the case itself. Her argument would be that there is nothing wrong in the impugned order dated 25.05.2018. In any case, as it has been stated that evidentiary document submitted by the husband/respondent is still to be examined i.e. evidently the case.