SANGEET LODHA,J. - (1.) This petition is directed against order dated 4.4.16 of Judge, Family Court, Sri Ganganagar, whereby an application preferred by the petitioner raising objection against the certain documents produced by the respondent along with an additional affidavit without prior permission of the court being taken on record, stands rejected.
(2.) The relevant facts are that petitioner and respondent entered into marriage on 16.2.10. The respondent filed a petition seeking divorce under Section 13 of Hindu Marriage Act, 1955 (for short the Act of 1955) before the Family Court, Sikar on 17.5.14. The respondent filed his own affidavit on 22.12.14. In the meantime, the petitioner filed an application under Section 9 of the Act of 1955 before the Family Court, Sri Ganganagar on 22.9.14. The petitioner preferred a transfer petition seeking transfer of the Divorce Petition preferred by the respondent as aforesaid from the Family Court, Sikar to Family Court, Sri Ganganagar, which was allowed by Jaipur Bench of this court vide order dated 3.2.15 passed in S.B.C.Transfer Petition No.86/14.
(3.) After the transfer of the Divorce Petition as aforesaid, the petitioner filed a reply to the Divorce Petition on 18.8.15. The respondent filed yet another affidavit on 19.12.15. The respondent also filed a reply to the petition under Section 9 of the Act of 1955 preferred by the petitioner. The petitioner preferred an application for consolidation of the proceedings under Section 9 and Section 13 of the Act of 1955, which was allowed by the Family Court, Sri Ganganagar vide order dated 11.1.16 and the proceedings of both the petitions were consolidated. After consolidation of both the petitions, on 25.1.16 the respondent sought time to file affidavit in support of consolidated petitions, which was allowed. On the next date of hearing i.e. 6.2.16, the respondent filed his own affidavit and the affidavits of two witnesses as also certain documents, which were taken on record. In view of the consolidation of the petition, the respondent also filed an application under Order 14, Rule 5 for framing the issues afresh. On 10.2.16 while allowing the application preferred by the respondent as aforesaid, the Family Court framed the issues. On 5.3.16, the petitioner was granted an opportunity to cross examine the respondent on the cost of Rs.3,000/-. On the next date of hearing, the petitioner preferred three applications before the Family Court including an application under Section 151 CPC objecting the documents produced by the respondent on 6.2.16 being taken on record. The application preferred stands rejected by the Family Court by the order impugned. Hence, this petition.;