PIYUSH KUMAR RASTOGI Vs. ARCHANA VARSHNEY ALIAS VASUDHA

JUDGEMENT

(1.) Instant appeal, under Section 19 of the Family Courts Act. 1984, is directed against the judgment dated January 18, 2000, rendered by the Principal Judge. Family Court. Moradabad, in Family Court Suit No. 37 of 1998, instituted by Smt. Archana Varshney alias Vasudha, the respondent herein, under Section 13 of the Hindu Marriage Act, 1955, whereby the decree of divorce against the appellant has been granted.

(2.) For assailing the judgment under appeal, twin grounds raised by Shri Madhusudan Dikshit, learned counsel of the appellant, are ; (1) the alleged violation of Order XVII. Rule 3 of the Code of Civil Procedure. 1908 : and (2) the alleged illegal rejection of the prayer of the appellant for permission to be represented by a legal practitioner.

(3.) Elaborating the first ground, the learned counsel of the appellant submits that the family court erred in proceeding to decide the suit inasmuch as the date on which the Court decided to proceed under Order XVII, Rule 3 of the Code of Civil Procedure, 1908, (hereinafter called 'the Code'), was not the date for production of evidence by the parties.