RAM SHARAN Vs. ANSUIYA BAI

JUDGEMENT

(1.) THIS appeal under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for short) is directed against the judgment dated 23. 3. 1996 regarding a petition under Sectionl 3 (l) (b) of 'the Act' registered as Civil Suit No. 6a/1991 decided by Additional District Judge, Kanker, Distt. Bastar.

(2.) THE appellant filed the application under Section 13 (l) (b) of 'the Act' seeking a decree for divorce against the respondent. The grounds taken for divorce were cruelty and desertion by the respondent. Issues were framed on the said allegations of the appellant and were decided in the negative by the Trial Court. The learned Counsel for the appellant has challenged the finding as above in this appeal. He has also filed an application (LA. No. 5016/98) seeking permission for amend- ment in his petition for divorce and he seeks to incorporate the ground of adultery on the part of the respondent. The application is supported by an afidavit. Another application under Order 41, Rule 27 of the Civil Procedure Code marked as I. A. No. 7021/1998 for adducing additional evidence has been filed. By the said application, the order dated 16. 12. 1997 of the JMFC, Kanker, District Bastar in Misc. Cr. Case No. 9/1991 as also statements recorded therein are sought to be filed in order to substantiate the allegations regarding adultery by the respondent. It has been submitted that the order was passed subsequently after the filing of the appeatand, therefore, could not be produced before the lower Court. It has also been submitted mat the additional evidence would be essential for the just and final decision of-the dispute between the parties. It has also been urged that the parties may be permitted to adduce such further evidence as they may deem fit so that the controversy between the parties may be finally set at rest.

(3.) THE learned Counsel for the respondent has submitted that the respondent would also like to adduce additional evidence with regard to the grounds already taken and proposed to be taken by the appellant in support of his position. He has also submitted that the respondent should be given due opportunity to defend herself with regard to the grounds raised by way of amendment.