RAJ KUMAR SHARMA Vs. SHALU SHARMA

JUDGEMENT

(1.) THE petitioner is in revision aggrieved against an order passed by the learned trial Court on 17.09.2010, whereby the evidence of the petitioner was closed.

(2.) THE respondent-wife has filed a petition for dissolution of marriage as well as an application for grant of maintenance pendente lite and litigation expenses. Since the arrears of maintenance pendente lite were not being paid, the evidence of the defendant-petitioner was struck of on 20.05.2010. However, the witness of the wife-respondent was bound-down for cross-examination. On 17.08.2010, the cross-examination of the wifes witness was completed and the learned trial Court passed the following order: One PW cross-examined. Petitioner closed her evidence. To come up for evidence of respondent on 17.09.2010. RWs be summoned for that date on filing of PF, DM and list of witnesses within 5 days.

(3.) INITIALLY, this Court has granted one opportunity to the petitioner to lead his entire evidence vide order dated 12.10.2010. However, the respondentwife filed an application before this Court pointing out that, in fact, the defence of the petitioner was struck off on 20.05.2010, therefore, the learned trial Court could not have granted any opportunity to the petitioner to lead his evidence.