Allowed

Maya Devi v. Prabhat Singh

Himachal Pradesh HC13 May 2013CR/51/2013

Case brief

AI extract

What is this about?

The High Court set aside the Additional District Judge's order in a matrimonial dispute, granting the petitioner two additional opportunities to produce evidence subject to a cost. The court clarified that service efforts will not warrant further chances, and the matter remains fixed for April 2013. The petition is disposed of.

What did the court decide?

Order dated 17.10.2012 set aside; petitioner given two more opportunities to adduce evidence subject to ₹500 cost; further date fixed for evidence.

Maya Devi Vs Prabhat Singh — Service and Employment | Himachal Pradesh HC (2013)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Revision No.51 of 2013. Date of decision: 13.05.2013.

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Maya Devi. …..Petitioner.

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Versus

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Prabhat Singh. ….Respondent.

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Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?¹ No

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For the Petitioner : Mr.Parveen Chauhan, Advocate. For the Respondent : Mr.Nimish Gupta, Advocate.

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Kuldip Singh, Judge (Oral).

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This petition is directed against the order dated 17.10.2012 passed by learned Additional District Judge (Fast Track Court), Chamba, in H.M.A. No. 32/12/11.

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It has been submitted by learned counsel for the petitioner that counsel for the petitioner in the Court below did not inform her the consequence of non-production of evidence. It is not clear from the order dated 17.10.2012 how many opportunities were given to the petitioner for producing her evidence. It has been stated by learned counsel for the parties that the respondent has filed a divorce petition against the petitioner on the allegation that petitioner is living separately for the last 12 years. The learned counsel for the respondent has stated that he has no objection in case the petition is

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

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allowed subject to payment of cost and only one opportunity may be given to the petitioner for producing her entire evidence.

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In the facts and circumstances of the case, the order dated 17.10.2012 is set aside. The learned Court below shall give only two more opportunities to the petitioner to adduce her entire evidence subject to payment of `500/- cost. The learned counsel for the parties have stated that petition is already fixed in the Court below on 26.05.2013. The learned Court below on 26.05.2013 shall fix further date for evidence. It is open to the petitioner to take assistance of the Court for service of her witnesses. It is made clear that service or no service of witnesses of the petitioner, she will not be entitled to more than two opportunities for producing her entire evidence as observed above.

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With these observations, the petition is disposed of, so also the pending application, if any.

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Copy ‘dasti’.

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May 13, 2013. (krt)

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( Kuldip Singh), Judge.

Maya Devi v. Prabhat Singh

Case brief

What is this about?

What did the court decide?

Maya Devi v. Prabhat Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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