BINDU SHUKLA Vs. ARVIND DUBEY

JUDGEMENT

(1.) Present first appeal from order has been filed under Section 19(1) of Family Court Act against the orders dated 30.7.2009 and 23.3.2009 passed by the Principal Judge, Family Court, Lucknow in Matrimonial Petition No. 718 of 1996 ( Dr. Arvind Dubey v. Dr. Bindu Shukla).

(2.) Brief background of the case is that Matrimonial Petition No. 718 of 1996 has been filed by Dr. Arvind Dubey under section13 of Hindu Marriage Act. Said petition had been on going and there has been direction of this Court to decide the matter without granting any adjournment to either of the parties concerned except in exceptional circumstances with reasons to be recorded by it. In the said matrimonial proceeding, application was moved by the appellant for summing of witness including the respondent's mother as witness, said application was rejected. Against the same, First Appeal From Order No. 382 of 2009 had been filed wherein this Court on 1.4.2009 passed following order, which is being extracted below:

(3.) It has been submitted that the respondent's mother is aged about 70 years and she is not willing to appear in Court as witness to make statement from either side. Learned trial court rejected the application on the ground that the appellant is adopting dilatory tactics to delay the proceedings. In pursuance to the order passed by this Court, suit is to be decided at an early date. Whether the respondent's mother wants to appear as witness or not is a question of fact which can be decided only after getting the statement of her recorded. Keeping in view in fact that the mother of respondent is aged about 70 years, it is open for the trial court to issue a Commission for her examination under Order XXVI Rule 4 of the Code of Civil Procedure.