SHREE CHANDRASHEKHAR, J. - (1.) SEEKING quashing of order dated 15.09.2007 in Matrimonial Suit No. 167 of 2002, the petitioner has preferred the present writ petition.
(2.) BRIEFLY stated, the marriage of the petitioner was solemnized with the respondentwife on 01.03.1992 and on 03.11.1993 the couple was blessed with a child. The petitioner encouraged his wife who was a student of B.Sc. PartI at the time of marriage to pursue further studies and due to motivation and support of the petitioner, his wife qualified for the post of C.D.P.O in the year, 1999. To utter shock and disbelief of the petitioner, the attitude of his wife suddenly changed after she qualified for the post of C.D.P.O. The respondentwife started ignoring her matrimonial responsibility besides, her responsibility as mother to their daughter. When his wife left the matrimonial home without any just cause, the petitioner was compelled to file Matrimonial Suit No. 365 of 2001 which was withdrawn after his wife joined him in the matrimonial home. However, at the instance of her parents, the wife of the petitioner filed Matrimonial Suit No. 167 of 2002 seeking divorce on the ground of cruelty. The respondentwife asserted in her suit that she pursued her study with the support of her parents and her husband demanded Rs. five lacs from her. The petitioner filed his reply denying the allegation. Though, the petitioner was possessing certain documents which would establish the stand of the petitioner that after the marriage he supported his wife all along including, extending financial support to her but due to inadvertence those documents could not be brought on record and therefore, application dated 05.06.2007 was filed. However, the said application has been rejected on erroneous ground that the witness cannot be allowed to be reexamined so as to record his examinationinchief again. Aggrieved, the petitioner has approached this Court.
(3.) A counteraffidavit has been filed denying the stand taken by the petitioner. It is stated that the respondentwife on her own will and hard labour pursued higher studies and finally qualified for the post of C.D.P.O. The petitioner filed his evidence on affidavit on 14.01.2006 and he was crossexamined at length and thereafter, he was discharged. Other witnesses have also been examined by him thereafter. The averments in the writ petition have been denied by the respondent. Heard the learned counsel for the parties.;