USHA DEVI Vs. STATE OF JHARKHAND AND ANR.

JUDGEMENT

(1.) HEARD learned Counsel for the respective parties.

(2.) THE instant writ petition is preferred against the order dated 6th November, 2003 passed by Principal Judge, Family Court, Ranchi in Matrimonial Title Suit No. 29/1996 rejecting the application filed on behalf of the Defendant/ Petitioner for adducing evidence. The Principal Judge, Family Court, Ranchi fixed a date for final 'hearing' and declined to grant any further opportunity.

(3.) THE submission of contesting Respondent/husband is that ten dates were given to Defendant/wife (Respondent herein) and after a number of opportunities were wasted by the Petitioner/wife, only then the evidence was closed. However, counsel appearing on behalf of the Petitioner/wife has expressed that since she was ill and also that she is a lady, she was not able to instruct her counsel properly and, therefore, she may be given an opportunity to lead the evidence.