P.K.Samanta, J. - (1.) In the proceeding under section 24 of the Hindu Marriage Act, 1955 (hereinafter called as the said Act) by the respondent / wife, the learned Court below at the instance of the husband/petitioner passed an order for disposal of the same on the basis of the affidavits of the parties in view of Order 19 Rule 1 of Civil Procedure Code. The respondent/wife has challenged the same in this revisional application.
(2.) It has therefore become necessary to decide as to whether the said proceeding under section 24 of the said Act must necessarily be decided on affidavits in view of Order 19 Rule 1 of the Code.
(3.) A reading of the provisions of Order 19 of the Code which are quoted hereunder, is therefore necessary. 1. Power to order any point to be proved by affidavit. - Any Court may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such conditions as the Court thinks reasonable; Provided that where it appears to the Court that either party bona fide desires the production of a witness for cross examination, and that such witness can be produced, an order shall not be made authorizing the evidence of such witness to be given by affidavit. 2. Power to order at endance of deponent for cross examination - (1) Upon any application evidence may be given by affidavit, but the Court may, at the instance of either party, order the attendance for cross examination of the deponent. (2) Such attendance shall be in Court, unless the deponent is exempted from personal appearance in Court, or the Court otherwise directs. 3. Matters to which affidavits shall be confined. - (1) Affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove except on interlocutory applications, on which statements of his belief may be admitted: provided that the grounds thereof are stated. (2) The costs of every affidavit which shall unnecessarily set forth matters of hearsay or argumentative matter, or copies of or extracts from documents, shall (unless the Court otherwise directs) be paid by the party filing the same.;