Family Courts are not strictly bound by the Civil Procedure Code and can adopt their own procedures, allowing the admission of evidence not previously filed.

Judgment

Mr. Sumeet Goel, J.

The appellant-husband has preferred the present appeal against the order dated 25.09.2023 passed by learned Principal Judge, Family Court, Gurugram (hereinafter to be referred as ‘Family Court’) whereby the application filed by the husband raising objections to the wife’s affidavit of evidence has been rejected.

2. Succinctly facts first, as stated in the pleadings as also affidavit(s) filed and evidence led so far by rival parties.

2.1 The husband filed a petition for grant of divorce on the grounds of cruelty and desertion against the wife before the learned Family Court. It was stated in the petition that the marriage between the appellant (herein)-husband and respondent (herein)-wife was solemnized on 04.05.2016 at Ghaziabad in Uttar Pradesh. It was stated that no child was born out of this wedlock. It was averred in the petition that it was the second marriage of appellant as he was earlier married to one Ms. Bhawana on 25.01.2011. The said marriage was stated to be dissolved vide a decree of divorce dated 05.04.2013 by mutual consent. The parties to the instant lis resided and cohabited together as husband and wife. On 22.08.2016, the appellant was transferred to Kolkata and he had requested the respondent to accompany him which was flatly refused by her. Thereafter, the parties continued to reside separately in different cities and met intermittently. The alliance soon turned abnormal and both the parties levelled allegations and counter allegations against each other. The appellant-husband was thus, constrained to file a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter to be referred as ‘1955 Act’) before the Family Court at Gurugram seeking dissolution of marriage by grant of a decree of divorce on the grounds of cruelty and desertion.

2.2 Upon notice by the learned Family Court, the wife appeared and filed a written statement denying the allegations made in the petition seeking decree of divorce. She denied that she was aware of the fact that appellant was a divorcee and rather he misrepresented to her being unmarried at the time of her marriage with him. She further stated that it was the appellant and his family members who had committed cruelty upon her. She averred that appellant had miserably failed in discharging his duties as a husband and deliberately avoided her company thereby depriving her of conjugal relationship. Dismissal of divorce petition was accordingly prayed for.

2.3 From the pleadings of the parties, issues were framed by learned Family Court vide order dated 06.07.2019, which order reads as under:-

“Written statement filed. Copy supplied.

From the pleadings of parties, following issues are hereby framed:

1. Whether the marriage between the parties is liable to be dissolved by passing a decree of divorce on the grounds mentioned in the petition? OPP

2. Whether the petitioner is stopped by his own act and conduct from filing the present petition? OPR

3. Relief

No other issue is pressed or claimed by the learned counsel for the parties. Onus is not disputed.

For an early settlement of Family dispute, wherever possible, only a memorandum of the substance of what the witness deposes shall be recorded and affidavit of formal witnesses shall be recorded through affidavits only.

To come up on 19.11.2019 for evidence of the petitioner. Parties shall file PF, DM and list of witnesses etc. if any, within seven days, failing which they shall bring the witnesses at own responsibility. Advance copy of affidavits be supplied to the respondent/counsel well in time so that cross-examination shall be conducted.”

2.4. To prove their respective stand, both the parties sought to lead their evidence.

2.5 The appellant-husband submitted his evidence by way of affidavit and he was cross-examined on behalf of the wife. Vide order dated 10.08.2023, the counsel for the husband closed evidence on his behalf. An affidavit of evidence was submitted on behalf of the wife to which objections