March 17, 2019:

Case titled Beena Kumari v. Manoj Kumar was decided by Delhi High Court.

Sanjeev Sachdeva, J. recently disposed of a Criminal Revision petition filed in a matrimonial dispute by allowing the petitioner (wife) to file & prove additional documents in the matter of an application seeking maintenance from the respondent (husband) under Section 125 CrPC.

Earlier, the trial court had dismissed the wife’s application to file new documents on the ground that she was not able to establish that she withdrew from the society of her husband for a reasonable cause.

The trial court had noticed that no evidence was placed on record to substantiate the allegations of cruelty against the husband made by the wife.

Sh. R.K. Narang, Advocate for the Petitioner wife prayed to prove copies of several complaints made to various authorities & also medical records showing injuries caused by the husband.

It was argued that these documents, which were not available with the wife during the trial, had now been obtained from the authorities concerned. Akhilesh Kr Singh, Advocate appearing for the husband argued that the complaints were false & frivolous.

Keeping in view the entire facts of the case, the High Court set aside the impugned judgment of the trial court. The wife was granted an opportunity to file, prove & rely on the additional documents before the trial court.

She was also permitted to summon the record from the authorities where original of such documents may be available.

As, consequently, trial court’s order fixing interim maintenance stood revived. Read the Text of the Judgement here-

In the High Court of Delhi at New Delhi

(Before Sanjeev Sachdeva, J.)

Beena Kumari and Others .…. Petitioners;

v.

Manoj Kumar .…. Respondent.

Crl. Rev.P 50/2019

Decided on February 21, 2019

Advocates who appeared in this case :

For the Petitioner: Mr. R.K Narang, Adv.

For the Respondent: Mr. Akhilesh Kr. Singh, Adv.

The Judgment of the Court was delivered by

Sanjeev Sachdeva, J. (Oral):— Petitioner impugns judgment dated 04.12.2018 whereby the maintenance petition filed by the petitioner under Section 125 Cr. P.C has been dismissed, inter-alia, on the ground that the petitioner has not been able to establish that she had withdrawn from the society of the respondent for reasonable cause.

2. Trial Court, in the impugned order has noticed that though the petitioner had taken a stand that she was subject to cruelty and had made several complaints to the police as well as Crime against Women Cell, no such complaint was placed on record.

3. Petitioner in these proceedings has filed copies of several complaints which are alleged to have been made to several authorities as also some medical records showing injuries allegedly caused by the respondent.

4. Learned counsel for the petitioner submits that these documents were not available with the petitioner and he has now been able to obtain copies thereof from the authorities and prays that an opportunity be given to the petitioner to prove the same in accordance with law.

5. Learned counsel for the respondent submits that the subject complaints are false and frivolous and he has no objection in case the opportunity is granted to petitioner to prove the same in accordance with law before the trial court with directions to expeditiously dispose of the proceedings and the fresh evidence of the petitioner being limited only to the additional documents.

6. Keeping in view the above, the impugned order dated 04.12.2018 is set aside. The petitioner is granted an opportunity to file and prove, before the Trial Court, the additional documents filed in this Court along with Index dated 31.01.2019 in accordance with law.

7. The petitioner shall also be permitted to summon the records from the concerned authorities where original of these complaints/documents may be available. Fresh evidence of the petitioner shall be restricted to the documents contained in the list annexed with the Index dated 31.01.2019 filed in this Court.

8. Trial court shall endeavour to conclude the entire proceedings within a period of four months.

9. The effect of setting aside of the impugned order dated 04.12.2018 is that the interim order dated 22.04.2016 fixing the interim maintenance stands revived.

10. The petition is disposed of in the above terms. Parties shall appear before the trial court for directions on 13.03.2019

11. Order Dasti under signatures of the Court Master.

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