SMT. SUNITA Vs. ASHUTOSH JAIN

JUDGEMENT

(1.) Heard learned counsel for the petitioner and perused the impugned order dated 19th March, 2015 (Annex.6) passed by learned Family Court, Bikaner (for short, 'learned Court below').

(2.) By the order impugned, learned Court below has rejected the objection of the petitioner/non-applicant under Order 8, Rule 9 CPC for disallowing subsequent pleadings earlier taken on record.

(3.) Facts, in brief, are that respondent-applicant laid a petition for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955 (for short, 'Act of 1955') on the ground of cruelty and desertion. The petition for divorce is contested by the petitioner-wife and the averments contained therein are refuted. After submission of reply to the petition for divorce, respondent-applicant submitted rejoinder reiterating the grounds urged in the petition for divorce. The rejoinder was taken on record by the learned Court below as no objection was raised on behalf of the petitioner. Subsequently, petitioner objected and submitted application (Annex.4) that rejoinder cannot form part of pleadings and the same may be kept in D-part of the file.