Arun Sharma vs Smt. Seema Sharma
2023 Latest Caselaw 13618 HP

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

CMPMO No. 491 of 2023.

Decided on : 14th September, 2023.

.

    Arun Sharma                                                             ...Petitioner.
                                         Versus
    Smt. Seema Sharma                                                    ....Respondent.





    Coram:

The Hon'ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1

For the Petitioner: Mr. Shakti Bhardwaj, Advocate,

vice Mr. Ravi Tanta, Advocate.

For the Respondent: Nemo.

Satyen Vaidya, Judge (Oral).

The petitioner has assailed order dated 8th August,

2023 passed by learned District & Sessions Judge (Family

Court), Shimla, in CMP No. 1370 of 2022 in HMA No. 122 of

2019, whereby the application of the petitioner under Order

18, Rule 17 of the Code of Civil Procedure seeking recall of

respondent in the witness box has been dismissed.

2. The application was filed on the premise that

during the pendency of divorce petition, respondent had filed

a complaint under Protection of Women from Domestic

Violence Act and in such complaint she had alleged that the

petitioner had been forcing her to have sexual relations with

third person and to watch porn photographs and videos.

Whether reporters of the local papers may be allowed to see the judgment?

...2...

3. Learned trial Court vide impugned order rejected

.

the prayer by holding that the allegations, even if proved,

would not be relevant for determination of the divorce

petition.

4. I have gone through the contents of the petition

under Section 13 of the Hindu Marriage Act filed by the

petitioner. The dissolution of marriage has been sought on

the ground of cruelty. However, there is no allegations or

averment that he has suffered cruelty on account of false

allegations being levelled against him by the respondent.

That being so, findings recorded by the learned trial Court

cannot be faulted. The evidence sought to be brought on

record, in the aforesaid circumstances, will not be relevant to

the facts in issue.

5. Accordingly, there is no merit in this petition and

the same is accordingly dismissed. Pending applications, if

any, also stand disposed of.

(Satyen Vaidya) Judge 14th September, 2023.

(jai)