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Delhi High Court - Orders

Vikas Gupta vs Rajni Gupta on 7 January, 2019

Author: G.S.Sistani

Bench: G.S.Sistani, Jyoti Singh

$~16
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+      MAT.APP.(F.C.) 273/2018
       VIKAS GUPTA                                       ..... Appellant
                           Through:     Mr. Pranav Vashishtha, Adv.
                           versus
       RAJNI GUPTA                                       ..... Respondent
                           Through:     Ms. Reena Jain Malhotra, Adv.

       CORAM:
       HON'BLE MR. JUSTICE G.S.SISTANI
       HON'BLE MS. JUSTICE JYOTI SINGH

                           ORDER

% 07.01.2019 The appellant is aggrieved by the order dated 13.07.2018 by which the Family Court has rejected the prayer of the appellant for taking the replication on record and also for placing additional documents. Learned counsel for the respondent submits that in the replication, the appellant is setting up a totally new case and secondly, the documents sought to be relied upon cannot be exhibited as they have to be proved in accordance with law.

Learned counsel for the appellant submits that the stand taken in the replication is not inconsistent to the stand taken in the divorce petition.

It is agreed that the wherever the stand taken in the replication is inconsistent with the stand taken in the divorce petition, the same would be considered by the Family Court at the time of final hearing. As far as the documents are concerned, the documents will not be exhibited unless the MAT.APP.(F.C.) 273/2018 Page 1 of 2 same are proved as per law. Liberty, as prayed, granted to the appellant to summon witnesses to prove such documents sought to be relied in accordance with law.

With the above agreed directions, the present appeal is disposed of.

G.S.SISTANI, J JYOTI SINGH, J JANUARY 07, 2019 PB MAT.APP.(F.C.) 273/2018 Page 2 of 2