Himachal Pradesh High Court
Vandana Sharma vs Harish Sharma on 24 October, 2018
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CMPMO No. 427 of 2018
Date of Decision 24th October, 2018
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Vandana Sharma ....Petitioner
Versus
Harish Sharma ....Respondent
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Coram
The Hon'ble Mr. Justice Vivek Singh Thakur, J.
Whether approved for reporting?1 No.
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For the Petitioner: Shri Aditya Thakur, Advocate
For the Respondent: Shri B.P. Sharma, Sr. Advocate with
Mr. Arun Kumar, Advocate.
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Vivek Singh Thakur, J.(oral)
The petitioner herein is the respondent in divorce petition filed by present respondent Harish Sharma pending before learned Additional District Judge-I, Solan. For convenience, parties shall be referred as per their status in the trial Court.
2. Respondent/wife has filed present petition against order dated 30.7.2018, whereby her evidence has been closed 1 Whether Reporters of Local Papers may be allowed to see the judgment? Yes ::: Downloaded on - 25/10/2018 22:56:47 :::HCHP 2 by learned Additional District Judge-I, Solan (hereinafter to be referred as concerned ADJ) on failure to produce her witness, .
despite availing number of opportunities.
2. Present petition has been strongly opposed by learned counsel for the petitioner/husband on the ground that respondent/wife is deliberately delaying the adjudication of the divorce petition, which has now been listed for final arguments on 20th November, 2018.
3. It is the case of respondent/wife that now only one witness Rajinder Kumar Sharma, is to be examined and his name was mentioned in the list of witnesses, filed by the respondent/wife in November, 2017. However, the said witness could not be produced on a date fixed for recording of his statement as he had gone abroad. Further, now respondent/wife is ready to produce the said witness on her self responsibility on any date to be fixed by learned Additional District Judge for recording his statement. It is further stated on behalf of respondent/wife that in case she fails to produce the said witness on the date so fixed, her right to examine the said witness may be closed on that date.
4. Learned Additional District Judge has passed a detailed order explaining the circumstances in which evidence of ::: Downloaded on - 25/10/2018 22:56:47 :::HCHP 3 respondent/wife has been closed by the order of Court. I find no illegality, irregularity or infirmity in the said order. However, in .
the interest of justice, respondent/wife is granted one more opportunity, by way of special indulgence, to examine witness Mr. Rajinder Kumar Sharma on her self responsibility on a date to be fixed by learned Additional District Judge on 26th October, 2018 on which date parties shall appear before him for fixing the date for the said purpose.
5. It is made clear that date for examining the aforesaid witness shall be fixed well before the next date of hearing i.e. 20th November, 2018 fixed for final arguments so that arguments can be heard by the Court on that date. On failure to produce the evidence on the date so fixed by learned Additional District Judge, right of respondent/wife to lead evidence shall be closed without any further opportunity. Petition stands disposed of in aforesaid terms.
6. Copy duly authenticated by the Court Master shall be handed over to learned counsel for the parties.
October 24, 2018 (Vivek SinghThakur),
ms Judge
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