SARSWATI Vs. NARAYAN

JUDGEMENT

(1.) THIS writ petition under Article 227 of the Constitution of India has been filed by the petitioner aggrieved against order dated 15.05.2015 passed by the Judge, Family Court, Bikaner ('Family Court'), whereby, the application filed by the petitioner seeking exclusion of the evidence from the record and dismissal of the petition filed by the respondent has been rejected.

(2.) THE respondent filed a petition seeking dissolution of marriage under Section 13 of the Hindu Marriage Act, 1956 ('HM Act').

(3.) WHEREAFTER the evidence was led by the parties; when the matter was fixed for final arguments, the petitioner filed an application, inter alia, contending that the evidence by the respondent and the petitioner has been produced on affidavits; under the provisions of Section 15 of the Family Courts Act, 1984 ('the Act') evidence cannot be taken on affidavits; as the evidence has not been taken as per provisions of the Act, the evidence produced by the respondent and her witnesses cannot be read in evidence; as the evidence produced is not legal, the same produced on affidavits be excluded from the record and prayed that the petition filed by the respondent be dismissed for lack of legal evidence.