The Family Courts Act, 1984 does not provide for compulsory and mandatory applicability of Code of Civil Procedure (CPC) and the Indian Evidence Act to proceedings, the Punjab and Haryana High Court recently held.
A bench headed by Justices Sudhir Singh and Sumeet Goel made the observation while rejecting the objection made by the husband that production of fresh evidence by the wife at the stage of tendering evidence affidavit, which was not part of the written statement, is barred under law in terms of Order VIII, Rule 1-A of CPC.
The division bench of the High Court upheld the orders of the Family Court in Gurugram noting that the husband has been provided with copies of all documents and the trial court has also recorded in its order that he will be permitted to cross-examine the wife on all aspects, including such documents.
“…Accordingly, no prejudice can be said to have been caused to the husband. We do not find any infirmity in the impugned order calling for interference therein,” the bench said.
The husband had challenged the order dated September 29, 2023, wherein the application filed by him raising objections was rejected. The husband filed a petition for grant of divorce on the grounds of cruelty and desertion against the wife before the Family Court.
It was stated in the petition that the marriage between the husband and wife was solemnized on May 4, 2016 at Ghaziabad in Uttar Pradesh. It was stated that no child was born out of this wedlock.
While Advocate Ashok Kumar Jindal appeared for the husband, the wife was represented by Advocate Gurinder Singh Dhillon before the High Court.
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