The main legal point established in the judgment is the strict criteria for admitting additional evidence in an appeal, including the need for relevance, due diligence, and exercise of judicial discretion.

M. VENUGOPAL, J.

1. The Petitioner/Appellant has filed M.P.Nos.1 and 2 of 2011 to receive the Certificate of Marriage of S.Kanagasabai and V.Vasanthakumari dated 06.10.1960 and the certified copy of Petition in O.P.No.534 of 2002 on the file of Family Court, Chennai as additional evidence and to mark the same.

2. According to the Learned Counsel for the Petitioner/Appellant/ Wife, the Respondent/Husband has filed a petition for Divorce in O.P.No.1835 of 2002 on the file of Principal Family Court, Chennai and later, the same has been transferred to Learned II Additional Family Court Judge, Chennai due to administrative reasons. The said O.P.NO.1835 of 2002 has been hotly contested by the parties and P.Ws.1 and 2 have been examined.

3. It is the stand of the Petitioner/Appellant that P.W.3 has not gone into the witness box and therefore, he has not been examined before the Court. But, in the Fair Order of O.P.No.1835 of 2002, P.W.3 has been shown as a witness on the side of the Respondent/ Husband/Petitioner. When P.W.3 has not been examined as a witness before the Family Court, then, he cannot be shown as a witness in the Fair Order in the said Original Petition. As such, there is a need for this Court to call for the records in O.P.No.1835 of 2002 on the file of Learned II Additional Judge, Family Court, Chennai.

4. The Learned Counsel for the Petitioner/Appellant contends that the Family Court in its order in O.P.No.1835 of 2002 has observed that the Petitioner/Appellant has made allegations regarding the life style of her father-in-law viz., the father of the Respondent/Husband and that the said allegations have not been proved by means of evidence.

5. The stand of the Petitioner/Appellant in the affidavit in M.P.No.1 of 2011 in C.M.A.No.2148 of 2008 is that a woman by name Vasanthakumari met her few years ago and informed that she is the wife of Kanagasabai i.e. the father of the Respondent/Husband and informed her that out of the wedlock, she was blessed with two daughters and that her marriage with him has been registered and she would furnish a copy of the Certificate of Marriage soon. Also, that she has given the Certificate of Marriage to the Petitioner/Appellant only during the end of May 2011. Therefore, the Petitioner/Appellant has not been in a position to produce it before the Family Court to establish the allegations against her father-in-law during cross examination. Therefore, in the interest of justice, the Certificate of Marriage dated 06.10.1960 of S.Kanagasabai and Vasanthakumari and the certified copy of Petition O.P.No.534 of 2002 on the file of Family Court, Chennai are to be received by this Court as additional evidence in the Civil Miscellaneous Appeal.

6. Added further, O.P.No.534 of 2002 filed by the Respondent/ Husband (as Petitioner) against the Petitioner/Appellant/Wife (as Respondent) has been dismissed for default. Therefore, the certified copies of the two documents as mentioned aforesaid are to be received as additional evidence in the Civil Miscellaneous Appeal, on the side of the Petitioner/Appellant. Otherwise, the Petitioner/Appellant/Wife will be put to irreparable loss.

7. In response, the Learned Senior Counsel for the Respondent/ Husband submits that these M.P.Nos.1 and 2 of 2011, to receive the Certificate of Marriage of S. Kanagasabai and V.Vasanthakumari dated 06.10.1960 and the certified copy of Petition in O.P.No.534 of 2002 on the file of Family Court, Chennai as additional evidence and to call for the records in O.P.No.1835 of 2002, are belated one and when the matter has been listed several times for final hearing and that too in the part-heard stage, the Petitioner/Appellant, with a view to protract the proceedings, has projected these petitions and that they suffer from lack of bona fides.

8. The Learned Senior Counsel for the Respondent/Husband contends that P.W.3 has filed proof affidavit in O.P.No.1835 of 2002 on the file of the Family Court, Chennai, but the