DEEPA SHANGLOO Vs. SUNIL SHANGLOO AND ORS.

JUDGEMENT

(1.) Petitioner through the medium of this petition under Section 104 of the Constitution of the Jammu and Kashmir has invoked the writ jurisdiction of this Court for setting aside order dated 16.09.2013 passed by learned Additional District Judge (Matrimonial Cases), Jammu, i.e., respondent No. 2 in an application filed under Section 13 of the J&K Hindu Marriage Act, 1980 titled Dr. Sunil Shangloo v. Dr. Deepa Shongloo (hereinafter for short as 'impugned order') by virtue of which respondent No. 1 has been permitted to place on record the original documents and to produce further proof in support thereof if he so chooses subject to payment of costs of Rs. 500/- on the grounds taken in the memo of petition. As per averments made in the petition, it appears that respondent No. 1 had filed petition under Section 13 of the Hindu Marriage Act at Ghaziabad (Uttar Pradesh) against the petitioner, which stood transferred before the Court of learned Additional District Judge (Matrimonial Cases), Jammu on the directions of Hon'ble Supreme Court. It is contended on behalf of respondent No. 1 that he was under the impression that the original documents had been filed by his counsel along with divorce petition, but when he appeared as his own witness, he came to know that his counsel had not filed the original documents at. the time of filing the divorce petition nor have the same been filed before framing the issues. Thereafter, respondent No. 1 after giving his statement in the Court, filed application dated 04.07.2013 for placing on record the original documents, which was resisted by the petitioner on the grounds that the documents sought to be placed on record have been prepared and fabricated after the institution of the divorce petition, therefore, the same are false and sought to be placed on record with mala fides intention to negate the certificate issued by. Dr. Alpana Aggarwal dated 05.04.2001 certifying the miscarriage and D&C treatment provided to her. It is contended on behalf of petitioner that filing of petition without giving list of documents or mentioning the detail of documents to be relied upon was contrary to the provisions of Order XIII of the Code of Civil Procedure read with section 23 of the J&K Hindu Marriage Act. Vide order dated 16.09.2013, learned Additional District Judge (Matrimonial Cases), Jammu after hearing both the parties, granted leave to bring on record the original documents and also to produce further proof in support thereof. It is contended that the order impugned has been passed by ignoring the express provisions of Order XIII of the code of Civil Procedure thereby referring the provisions of Sub-Rule 3, Rule 14 of Order VII of the CPC, which governs the provisions regarding plaint whereas the provisions regarding production of documents are contained in Order XIII of the CPC. It is this order, which is called-in-question in the present petition.

(2.) Heard learned counsel for the parties and perused the record.

(3.) Learned counsel for the petitioner argued that the documents are fabricated by respondent No. 1, which have been prepared after the filing of the divorce petition, therefore, those documents being forged and not genuine cannot be permitted to be placed on record at the belated stage of the proceedings. It is also argued that no sufficient cause has been shown by respondent No. 1 for not annexing the original documents with the divorce petition on or before settlement of the issues.