MUSTAFA Vs. KHUSHIDA

JUDGEMENT

(1.) The matter comes on an application filed by the appellant under O. 41 R. 27 C. P. C. In the ordinary course, such application seeking production of additional evidence would have been considered by us only along with final hearing of the appeal. However, present one being an appeal arising out of matrimonial proceedings and as the appellant has prayed for production of the two documents as additional evidence and further be given opportunity to prove the documents, in the facts and circumstances of the case we have considered it appropriate to dispose of the application at the first.

(2.) This appeal has been filed by the appellant husband against the judgment and decree dated 6-11-2004 passed by the Judge, Family Court, Jodhpur in suit No. 106/2002 filed by the respondent Khursida on 6-5-2002. The respondent plaintiff alleged that her date of birth was 23-9-1985 and she was given in marriage on 15-10-1992 by her parents when she was 7 years 23 days of age. She claimed that she had never gone to her matrimonial house and that the marriage was never consummated and she had repudiated the marriage after attaining the age of 15 years and before attaining the age of 18 years.

(3.) From the consideration adopted by the learned Judge, Family Court, Jodhpur, it appears that the plaintiff produced the passport of her mother Husan Bano as Ex. 1, in which plaintiffs date of birth has been mentioned as 23-9-1985. She has also produced birth certificate as Ex. 3 and the learned Judge, Family Court, relying upon these two documents, came to the conclusion that the plaintiff was married during minority and her date of birth was 23-9-1985.