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Wife granted opportunity to Prove additional documents not available during Trial for Maintenance U/S.125 CrPC

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment delivered on: 21.02.2019
CRL.REV.P. 50/2019
BEENA KUMARI & ORS ….. Petitioners
versus

MANOJ KUMAR ….. Respondent

Advocates who appeared in this case:
For the Petitioner : Mr. R.K. Narang, Adv.
For the Respondent : Mr. Akhilesh Kr. Singh, Adv.

CORAM:-HON’BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)

1. 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 P.C. has been dismissed, inter-alia, on the ground that the petitioner has not been able to establish that she had withdrawn from the society of the respondent for reasonable cause.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.

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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.

SANJEEV SACHDEVA, J
FEBRUARY 21, 2019

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