MAJOR RAJA P SINGH Vs. SURENDRA KUMARI

JUDGEMENT

(1.) This appeal has been filed u/S. 19 of the Family Courts Act, 1984 (hereinafter referred to as 'the Act) against the order of the Judge, Family Court, Jodhpur dated 6-4-1989, whereby he rejected the application for comparing the signature of the appellant on documents Exs. 2, 15 and 52 and of adding new grounds in the petition. Aggrieved by the aforesaid order the appellant preferred this appeal before this Court.

(2.) The facts giving rise to this appeal are as under: Once Major Raja P. Singh the appellant has filed a divorce petition on the grounds of adultery and cruelty before the District Judge, Jodhpur which was later on transferred to the Family Court, Jodhpur on 19-8-1988. The appellant by application dated 4-1-1989 prayed that the document Ex. 2 dated 13-9-69 purported to has been written by respondent to one Takhat Singh be compared with the signatures of the appellant and also prayed by another application dated 9-1-1989 that he may be allowed to amend the petition by adding new grounds. The respondent resisted and filed written statement on 12-12-1986 alleging inter alia that the document dated 13-9-1969 Ex. 2 is a forged one and Ex. 15 is the list of ornaments prepared at the time of her daughter Gayatri's marriage and Ex. 52 is a photostat copy are of no concern and have no bearing in the case which is pending since 1983.

(3.) The learned trial Judge of Family Court, Jodhpur dismissed the application dated 4-6-1989 on the ground that signatures can be compared with the admitted signatures of the respondent which are already on record. The application dated 9-1-1989 was rejected on the ground that no useful purpose will be served when as per averments appellant got himself operated in the year 1968 and the alleged child was born in January 1981.