NAYANDAS ADHIKARI Vs. ASTHA ADHIKARI ALIAS ASTHA SHARMA

JUDGEMENT

(1.) By this writ petition, a challenge is made to the order dated 22nd December, 2016. An application preferred by the respondent raising objection about submission of the documents by the petitioner along with written arguments has been allowed.

(2.) It is a case where both the parties led their evidence and after conclusion of the proceedings, even arguments of the parties were heard followed by submission of written arguments by the petitioner. Certain documents were submitted along with written arguments though were not part of the evidence. The respondent filed an application to raise objection about submission of new documents. At that stage, the petitioner made an application to accept the documents on record.

(3.) Learned counsel for petitioner submits that as per Section 14 of the Family Courts Act, 1955 (for short "the Act of 1955"), evidence and the documents can be submitted at any point of time. In view of the above, the court below should not have rejected the application made by the petitioner for acceptance of the documents on record. It may be even after keeping the matter for final arguments and the arguments. The documents were crucial to the controversy raised by the parties about custody of the child thus application should have been allowed. A prayer is, accordingly, made to set aside the order dated 22nd December, 2016 with acceptance of the application made by the petitioner.