VIDHI SHARMA Vs. VINOD SHARMA

JUDGEMENT

(1.) Instant appeal u/Section 19 of the Family Court Act, 1984 read with Sec. 28 of Hindu Marriage Act, 1955 has been filed by the appellant -wife against order dt.18/08/2015 passed by the Id. Labour Court, Jaipur closing evidence of the present appellant.

(2.) Brief facts of the case are that marriage of the parties was solemnized on 24/11/1993 at Jaipur as per Hindu rights and customs and from this wedlock two children were born namely; Aditi (daughter) and Dev (son) in Oct., 1995 & June, 2000 respectively and both children are citizens of United States of America (USA) and the appellant -wife is also residing at USA with her children .

(3.) The respondent -husband filed an application before Id. Family Court, Jaipur seeking divorce u/Section 13 of the Act, 1955. After written statement was filed by the appellant -wife, statements of witnesses on behalf of the respondent -husband were recorded but as regards the evidence which was to be recorded by the appellant -wife, it was pleaded that she is residing in USA and as such, could not appear before Id. Family Court for recording her own statements and of her witnesses time was granted to adduce evidence, however, when application was filed by her for extending expenses to be incurred for her to come from USA to adduce evidence, the Id. Family Court vide order impugned dt.18/08/2015, while rejecting application, closed evidence of the appellant -wife.