ASHISH SUHAG Vs. SMT. SUNITA @ MADHU

JUDGEMENT

(1.) Impugned in the present revision petition is the order dated 21.2.2018 (Annexure P-5) passed by learned Additional Principal Judge (Family Court), Faridabad vide which an application filed by petitioner for leading additional evidence to examine his mother and also to prove the CD showing the conduct of cruelty by respondents was dismissed.

(2.) It comes out that present petitioner filed a divorce petition under section 13 of the Hindu Marriage Act, 1955 which is pending since 11.7.2013 before learned trial Court (Annexure P-1). Evidence of the petitioner started on 9.9.2015 and it was continued for nearly for two years and on 19.7.2017, it was closed by counsel. Thereafter, respondent led the evidence and the same is also now closed. At that stage, application was filed for examining the mother of the petitioner and also to prove the CD, which is allegedly showing the cruelty committed by respondent on the mother of the petitioner.

(3.) I am of the view that provisions under Order 18, Rule 17-A of the Code of Civil Procedure 1908, regarding additional evidence has already been omitted from the Code of Civil Procedure, 1908 vide Amendement Act, 1999. The evidence sought to be led was within the knowledge of the petitioner from the very beginning. In the application, the blame is sought to be put on the counsel which in the circumstance, is found to be unjustified. The petitioner led the evidence and voluntarily closed the same. Petitioner took nearly two years to complete his evidence. Now the case is ripe for arguments.