SUMIT Vs. PRIYA BALECHA

JUDGEMENT

(1.) With the consent, finally heard.

(2.) In this petition filed under Sec. 227 of the Constitution, the parties are at loggerheads on two aspects. In an application filed by respondent/wife under Sec. 13 of the Hindu Marriage Act, 1955 during cross-examination of the wife, the petitioner/husband drew attention of the wife on Exh. D/5, a prescription/medical document, on which the wife responded that she has no relation with this document. The Court below put a note below para 31 of the cross-examination and opined that the said document cannot be used for cross-examination. The petitioner before his examination-in-chief may file the said medical document in accordance with law and then can mark it as an exhibit.

(3.) The parties are at loggerheads on yet another note, which is appended under second question of para 54. The first question in this para was whether the wife left flat of Joy Vargees on her own volition ? The wife responded that the husband used to quarrel and beat her and threaten her to give divorce and therefore, she left the flat. The next question of the husband in the cross-examination was as to why husband used to assault her ? The Court appended the impugned note that this question can be asked only to the non-applicant/petitioner and therefore, disallowed the question.