Madhya Pradesh High Court
Ram Kishor Kushwaha vs Preeti Kushwaha on 3 February, 2022
Author: Anjuli Palo
Bench: Anjuli Palo
1 MP-450-2022
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE ANJULI PALO
ON THE 3rd OF FEBRUARY, 2022
MISC. PETITION No. 450 of 2022
Between:-
RAM KISHOR KUSHWAHA S/O PARASNATH
KUSHWAHA , AGED ABOUT 27 YEARS,
OCCUPATION: PRIVATE JOB R/O N.C.L.
NIGABI COLONY QUARTER NO. B-83 POST
NIGAHI POLICE STATION NAVANAGAR
DISTRICT SINGROLI M.P. (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI DINESH KUMAR UPADHYAY ADVOCATE)
AND
PREETI KUSHWAHA D/O MANORANJAN
KUSHWAHA , AGED ABOUT 25 YEARS,
OCCUPATION: NIL R/O VILLAGE POST AND
POLICE STATION KARANDA DISTRICT
GAJIPUR U.P. (UTTAR PRADESH)
.....RESPONDENT
(NONE FOR THE RESPONDENT)
(Heard through Video Conferencing)
This petition coming on for orders of I.A. No.1276/2022 an
application for ignoring the default and I.A.No.1126/2022 an application
for grant of stay this day, the court passed the following:
ORDER
Heard on admission.
Petitioner has filed this Miscellaneous Petition under Section 227 of Constitution of India, against the order dated 21.01.2022, passed by Principal Judge, Family Court Waidhan, District-Singrauli in R.C.S.H.M.A. No.15/2018 whereby he has dismissed the application of the petitioner filed under Section 45 read with Section 151 of Evidence Act.
From perusal of the impugned order as well as record, it appears that petitioner wanted to examine the handwriting of respondent who is the wife of petitioner through a Handwriting Expert, as a dispute between them is pending Signature Not Verified SAN before the Family Court Waidhan, District-Singrauli. The main purpose of the Digitally signed by SAVITRI PATEL Date: 2022.02.04 17:51:38 IST 2 MP-450-2022 petitioner to examine the disputed documents i.e. Exhibits P/1 to P/3 is mainly to institute the proceedings under Section 340 read with Section 195 of Cr.P.C. against the respondent.
On the other hand, a petition for divorce has been filed by the present petitioner on the basis of suppression of the fact of fracture sustained by the respondent on her leg before performance of the marriage with present petitioner. Therefore, there is no necessity to examine the disputed documents with the help of handwriting expert.
In the opinion of this Court, there is no perversity or illegality in the impugned order.
Accordingly, this petition stands dismissed.
(SMT. ANJULI PALO) JUDGE sp Signature Not Verified SAN Digitally signed by SAVITRI PATEL Date: 2022.02.04 17:51:38 IST