BASANT KUMAR SON OF KHUMAN SINGH @ KHUBCHAND, PATWA Vs. SMT BHAGWATI DAUGHTER OF NANDLALA (WIFE OF BASAND KUMAR)

JUDGEMENT

(1.) The instant appeal has been filed by the appellant (hereinafter referred to as 'Husband') against the judgment and decree dated 24.10.1997 passed by the District Judge, Bundi in Civil Misc. Case No.29/1989, whereby the application filed by the husband under section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'Act of 1955') was dismissed.

(2.) During pendency of this appeal husband submitted an application under section 151 CPC for taking on record a copy of the judgment dated 07.12.2005 passed by the Court of Civil Judge (S.D.) and Chief Judicial Magistrate Bundi, (Rajasthan) by which the husband was acquitted in a criminal case lodged by the respondent (hereinafter referred to as 'wife') under Section 498A and 406 IPC and a copy of Criminal Complaint filed by the wife against the husband before the Chief Judicial Magistrate under the provisions of protection of women from Domestic Violation Act, 2005. This court vide order dated 23.07.2014 treated the application filed by the husband under section 151 CPC as filed under Order 41, Rule 27 CPC and ordered that the application under Order 41, Rule 27 would be decided at the time of hearing of the appeal.

(3.) Counsel for the husband submitted that the documents submitted along with his application are with regard to subsequent events, therefore, the same are necessary to decide the controversy involved in this appeal. In support of his contention counsel relied upon the judgment passed by the Hon'ble Supreme Court in the matter of Malathi Ravi, M.D. v. B.V. Ravi, M.D. reported in (2014) 7 Supreme Court Cases 640 wherein para no.23 and 24 has held as under:-