THERESA DSOUZA Vs. NORMAN W ALBUQUERQUE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith with the consent of the learned Counsel appearing for the parties. Learned Counsel appearing for the respondent waives service.

(2.) This petition invoking the jurisdiction of this Court under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure takes exception to the order dated 30/04/2018 passed by the Court of Sessions, North Goa, Panaji in the Criminal Appeal No.135/2017 pursuant to which the learned Additional Sessions Judge had allowed the application filed by the respondent under Order XLI Rule 27 of the Code for the production of additional documents.

(3.) Heard Shri V. Rodrigues, learned Advocate for the petitioners who contended that the respondent had moved an application before the District Court to the effect that the respondent and the petitioners belonged to two different families and the respondent was not a member of the undivided joint family at any point of time. The respondent had not relied upon and produced the earlier deposition of the petitioners in the divorce case wherein she had admitted that he was not a member of their family. The petitioners had filed a criminal case against him and examined the husband of the petitioner no.2 who in his cross-examination had admitted that the petitioner no.1 was not related to him by blood and there was no domestic relationship with him. These documents were realised after going through the impugned judgment and order and therefore, he was seeking to rely on these documents. Shri V. Rodrigues, learned Advocate for the petitioners contended that this application moved on behalf of the respondent was signed by him in person and there was no affidavit in support thereof.