RAHUL GANPAT SHEDGE Vs. SHEETAL RAHUL SHEDGE

JUDGEMENT

(1.) Heard finally, at the stage of admission itself.

(2.) This Petition is directed against the order dated 8th March 2017 passed by the Extra Joint Civil Judge, Senior Division, Pune, below Exhibit-76 in Marriage Petition No. 569 of 2012, thereby rejecting the Petitioner's application seeking permission to record the evidence of his daughter as a 'witness' in the said case.

(3.) It is really an unfortunate situation that in the matrimonial dispute between the parents, the daughter is called upon to give evidence in the case by her own father against her mother. Learned counsel for the Petitioner submits that, Petitioner has filed this Petition for divorce against Respondent on the ground of cruelty and their daughter Shruti, who is at present 8 years of age, is a witness to the matrimonial life of Petitioner and Respondent and her evidence is essential to prove the various instances of cruelty inflicted by the Respondent on the Petitioner. It is submitted that the Respondent-wife has also attempted to commit suicide and the daughter being very much present at the relevant time, she is an important "piece" of evidence for the Petitioner and, therefore, her evidence should not be shut at the threshold itself. According to learned counsel for the Petitioner, the Trial Court has, however, rejected the application of the Petitioner to summon her as a 'witness', only on the ground that daughter Shruti being in the custody of the Petitioner since last about three years, there is every possibility of she being tutored or influenced and, hence, her evidence cannot be of much use.