Deepesh Singh Thakur vs Smt. Mamta Thakur
2022 Latest Caselaw 1133 Chatt

                                           1




                                                                            NAFR
                HIGH COURT OF CHHATTISGARH, BILASPUR

                                FA(MAT) No. 45 of 2019

   • Deepesh Singh Thakur S/o Shri Jagatwali Thakur Aged About 40 Years
     Caste - Kshatriya, , R/o - Brij Shantikunj , Mararpara, Kondagaon, District -
     Kondagaon Chhattisgarh, Working Place - Primary School , Nanipadar,
     Tahsil And District Kondagaon Chhattisgarh

                                                                     ---- Appellant

                                     Versus

   • Smt. Mamta Thakur W/o Deepesh Singh Thakur Aged About 34 Years Caste
     - Kshatriya, R/o M.G. Ward, Kanker, Police Station, Tahsil And District - Uttar
     Baster Kanker Chhattisgarh

                                                                 ---- Respondent



      For Appellant                    :       Shri Shivendu Pandya, Advocate

      For Respondent                   :       Shri D.N. Prajapati, Advocate


                      Hon'ble Shri Justice Goutam Bhaduri

                  Hon'ble Smt. Justice Deepak Kumar Tiwari

                               Judgment on Board


Per Goutam Bhaduri, J.

03/03/20 22

Heard.

1. The challenge in this petition is to the judgment and decree dated

23.08.2019 (Annexure A-1), wherein learned Family court, Kanker has

passed a decree of divorce to dissolve the marriage between the

parties which was solemnized on 24.02.2012.

2. Learned counsel for the appellant would submit that the wife

(respondent herein) was the appellant before the Court below. He

would submit that the husband was not given proper opportunity to

lead evidence before the Court below. Consequently, the judgment

and decree passed by the learned Family court has taken into sweep

only the evidence led by the wife which could have been reverted by

the husband by leading the evidence. It is further submitted that

husband may be given opportunity of hearing, to lead evidence and

he would produce the witness if certain fixed dates are given.

Therefore, at this stage without going into the merits the judgment

and decree passed by the Court below may be set aside after giving

opportunity to lead evidence to the husband.

3. Learned counsel for the respondent vehemently opposes the argument

and submits that many opportunities were granted to the husband,

however, the husband failed to adduce any evidence. Consequently,

only on the evidence led by the wife the orders were passed,

therefore, the order is well merited and do not call for any interference.

4. We have heard learned counsel for the parties and perused the records.

5. The limited scope which has been projected before us by the husband/

appellant is that he was not given proper opportunity to lead evidence.

This argument necessarily leads us to lay hands to the order sheet of

the original records as to know whether proper opportunity to lead

evidence was given to the husband or not ? The inspection of the

records would show that evidence of wife concluded on 27.07.2019,

thereafter the case was fixed to lead evidence by the husband on

03.08.2019. On 03.08.2019 prayer was made for further date to lead

evidence on behalf of the husband and the case was adjourned to

13.08.2019. On 13.08.2019 another prayer was made for adjournment

to lead evidence and as last indulgence date was given on 16.08.2019

to the husband. On 16.08.2019 again the husband failed to appear

with the witness, as such the right to lead evidence on behalf of the

husband was closed. The time gap in between the 3 dates in our

opinion appears to be meager as from 03.08.2019 up till 16.08.2019

the time gap is only of 13 days. Therefore, at this stage without

deliberating much into merits of the evidence lead by the wife, liberty

is granted to the husband to lead evidence on a fixed date before the

learned Family court. Therefore, we deem it proper to set aside the

judgment and decree dated 23.08.2019 and remand back the case to

learned Family court with a fix date of 12th April, 2022 for leading

evidence by husband. A liberty of adjournment may be granted if any

unavoidable circumstance is explained before the Court below. It is

further directed that the Court shall pronounce the judgment and

decree within a further period of 2 weeks from the closure of the

evidence.

6. With such observation, the appeal is disposed off.

7. The Registry is directed to send back the records forthwith to the

learned family court.

                 Sd/-                                                  Sd/-


        (Goutam Bhaduri)                              (Deepak Kumar Tiwari )

                Judge                                             Judge

Jyoti