HONEY JOHAR Vs. RAMNIK SINGH JOHAR

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dated 17.7.2017, passed by learned District Judge, Shimla, District Shimla, H.P., whereby an application having been filed by the respondent (hereinafter referred to as the husband), seeking therein permission to lead additional evidence, came to be allowed, petitioner (hereinafter referred to as the wife), has approached this Court in the instant proceedings, praying therein to set-aside the order, referred hereinabove.

(2.) Briefly stated facts, as emerge from the record are that husband filed divorce petition under Sec. 13 of the Hindu Marriage Act, against the wife in the Court of learned District Judge, Shimla, District Shimla, H.P. on the ground of cruelty. During the pendency of aforesaid divorce petition, husband filed an application under Order 18 Rule 17-A read with Sec. 151 Civil Procedure Code (Annexure P-1), seeking therein permission of the Court to allow him to lead additional evidence, which may be necessary and just for the proper adjudication of the case. Husband averred in the application that on 27.5.2017 wife led her evidence as RW-1 and RW-2, wherein she categorically admitted that her parents had come to Shimla in the month of July, 2014 and had a meeting with the family of the husband. Husband claimed by way of application that he is having recorded version in the form of audio CD of the entire conversation of this meeting held in July, 2014, which may be helpful for the proper adjudication of the dispute/case inter-se parties. Husband further averred in the application that in para Nos. 6 and 7 of the petition, he has categorically stated that he was subjected to physical and mental cruelty, which fact has been further reiterated in para 34 of the replication, wherein he has categorically averred that he is in possession of original recording of the conversation, wherein the wife has stated that she never wanted to marry the husband being asthmatic and hunchback. Husband in the application also stated that bare perusal of recording intended to be adduced on record by way of additional evidence would go to show that father of the wife has openly threatened him as well as his family members. Husband further averred in the application that during cross-examination, RW-1 and RW-2 have admitted the factum of meeting held at Shimla in July, 2014, but completely stated false facts and as such, in order to ascertain truth and veracity of the depositions of wife and her mother, it is very crucial and important to bring this piece of evidence (Audio CD) on record, to enable the learned Court to render just and fair decision in the case.

(3.) Aforesaid application having been filed by the husband came to be hotly contested by the wife, who opposed the application on the ground of inordinate delay. She stated in the reply that when matter is fixed for argument such application cannot be allowed and in case application is allowed at this stage, it would amount to filling up lacuna.