SANDEEP MASIH Vs. MAMTA SHARMA

JUDGEMENT

(1.) Prayer in the present petition filed under Article 227 of the Constitution of India is for setting aside order dated 2.3.2015 (Annexure P- 3) passed by the learned court below, whereby evidence of the petitioner was closed by order of the court.

(2.) The proceedings in the present case arise out of a petition filed by the petitioner under Section 27 of the Special Marriage Act, 1954, for grant of decree of divorce against the respondent. For the view I am taking in the present petition, I do not deem it appropriate to issue notice to the respondent, as the same would unnecessarily delay not only disposal of the present petition but the divorce petition as well.

(3.) Learned counsel for the petitioner submitted that the petitioner filed the petition for grant of divorce on 14.8.2012, in which the respondent filed written statement on 12.4.2014. After completion of pleadings, the issues were framed. Thereafter, to explore the possibility of amicable settlement, the matter also remained pending with Mediation and Conciliation Centre, but when no fruitful result came out, the case was fixed for evidence of the petitioner. On 4.2.2015, the examination in chief of PW3 Sarah Samson was recorded, however, on request of counsel for the respondent, her cross-examination was deferred to 18.2.2015. On that date also, the cross-examination was deferred to 20.2.2015. As the matriculation examination of PW3 Sarah Samson were scheduled from 3.3.2015 to 19.3.2015, it was requested on 20.2.2015 for adjourning the case beyond 19.3.2015. The petitioner has annexed date-sheet as Annexure P-4. The request of the petitioner was accepted and the case was adjourned.