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2021 Supreme(Guj) 221

ASHOKKUMAR C. JOSHI
DHARMENDRAKUMAR MAGANBHAI PARMAR – Appellant
Versus
PUSHAPABEN DHARMENDRABHAI PARMAR D/O LAKSHMANBHAI DUNGARBHAI PARMAR – Respondent


Advocates Appeared:
For the Petitioner: MS. JIGNA B SUCHAK
For the Respondent MRS NISHA, M PARIKH

JUDGMENT :

1. This writ petition under Articles 226 and 227 of the Constitution of India is preferred by the petitioner – original plaintiff – husband with a prayer to quash and set aside the orders dated 21.01.2020, passed by the learned Family Court No.

2, Ahmedabad below exhs. 47 and 48 in Hindu Marriage Petition (HMP) No. 2268 of 2017, whereby, the learned Family Judge has rejected the applications of the petitioner – plaintiff to issue witness summons as well as to call for the material witness. The learned trial Judge has also closed the right of the petitioner to lead further evidence.

2. On 20.02.2020, following order was passed by this Court in this writ petition:

    “Learned counsel for the petitioner states that the petitioner is willing to declare with the court below the names of the witnesses sought to be examined as also the relevancy of their necessity. In view of the above statement, issue notice for final disposal returnable on 25.02.2020.”

2.1 Pursuant to notice issued, learned advocate Ms. Nisha Parikh appeared for the respondent.

3. Rule. Learned advocate Ms. Parikh waives service for respondent. With the consent of the learned advocates for the respective parties, th

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