Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 2147 of 2017 Petitioner :- Smt. Anchal Tyagi Respondent :- Sri Pankaj Tyagi Counsel for Petitioner :- Ashish Kumar,Deepak Kumar Pandey,Prateek Tyagi Counsel for Respondent :- Nafees Ahmad Hon'ble Manoj Kumar Gupta,J.
By means of instant petition, the petitioner has challenged the order dated 4.3.2017 and order dated 8.9.2014 passed by Additional Principal Judge, Family Court, Meerut in Case No.455 of 2010, whereby the applications filed by the petitioner from time to time for taking certain documents on record have been rejected.
The trial court in the impugned order dated 4.3.2017 has entered a specific finding that on 13.2.2014, counsel for the petitioner made an endorsement on the order sheet that he does not wish to lead any further evidence. Consequently, the matter was fixed for arguments. On the date fixed for final hearing, counsel for the petitioner filed written arguments. Alongwith the written arguments, he also filed certain documents. Thereafter, an application 116 Ga (2) was filed by the counsel for the petitioner before the court below for taking on record the documents, which were annexed alongwith the written argument. The said application was rejected by the trial court by a detailed order dated 8.9.2014. Thereafter, the petitioner filed another application bearing Paper No.126 Ga (2) alongwith which almost the same documents were sought to be brought on record followed by an application paper No.147-Ga(2) along with which certified copies of the same documents were sought to be brought on record. The court has observed that once the application for taking on record the same documents was rejected on 8.9.2014, there is no justifiable reason to allow the subsequent application, by which substantially the same documents are sought to be brought on record. It has also been recorded in the impugned order that since the year 2014, the petitioner is getting the matter adjourned on one pretext or the other. Having regard to these facts, the applications filed by the petitioner have been rejected.
The trial court has also observed in the impugned order that there was a direction by this Court dated 27.9.2011 in a petition filed by the respondent that the proceedings relating to divorce pending in the court below be finalised within one year.
Counsel for the petitioner is not in a position to dispute the correctness of the recital in the impugned order to the effect that on 13.2.2014, counsel for the petitioner in the court below made an endorsement on the order sheet that he will not file any further evidence. It is also not disputed before this Court that application 116 Ga (2) by which identical documents were sought to be brought on record was rejected on 8.9.2014. The aforesaid order was not subjected to challenge but the petitioner filed another application by which substantially the same documents were sought to be brought on record and the said application has been rejected by the impugned order. Although, in the instant petition, the petitioner has also challenged the earlier order dated 8.9.2014, but this Court is not inclined to go into its validity, specially when it was not challenged soon after it was passed.
It is noteworthy that in pursuance of order of this Court dated 11.4.2017, a mediation took place between the parties and wherein the parties arrived at a settlement, whereunder both of them agreed to deposit Rs.2 lakh each i.e. a total sum of Rs.4 lakh in the name of Ayush Tyagi, the minor son of the parties. According to the respondent, he has deposited his share of Rs.2 lakh in the name of the minor son. However, the petitioner did not deposit the said amount and she filed a supplementary affidavit resiling from the settlement which took place before the Mediation Centre and pressed for the instant petition being decided on merits.
Having regard to these facts, this Court does not find it a fit case for interference in exercise of supervisory power under Article 227 of the Constitution. The petition lacks merit and is dismissed.
(Manoj Kumar Gupta, J) Order Date :- 29.3.2018 SL