Prabal Kumar Dixit vs Smt. Rimpal Dixit

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(MP) 486

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ANAND PATHAK, HIRDESH
Prabal Kumar Dixit – Appellant
Versus
Smt. Rimpal Dixit – Respondent

Advocates Appeared:
For the Appellant : Shri Rajnish Sharma and Shri Vinod Pathak.
For the Respondent: Shri Vijay Sundaram.

JUDGMENT :

Hirdesh, J.

Challenge in this appeal under Section 19 of the Family Courts Act, 1984 is to the judgment and decree dated 10-08-2017 passed by Principal Judge, Family Court, Gwalior in Case No.339-A of 2012 (HMA), whereby application filed by appellant-husband under Section 13 of Hindu Marriage Act for grant of decree of divorce, was dismissed.

(2) IA No.5329 of 2022 is an application under Order 41 Rule 27 read with Section 107 of CPC filed by appellant-husband for taking additional evidence on record.

Relying on the judgments of North Eastern Railway Administration Vs. Bhagwan Das (2008) 8 SCC 511 and Sanjay Kumar Singh vs. State of Jharkhand (2022) 7 SCC 247, it is contended on behalf of appellant that the order of acquittal for offence under Section 498-A of IPC and Section 3/4 of Dowry Prohibition Act passed by the Trial Court on 18th of August, 2017 in Criminal Case No.10953 of 2012 was after impugned judgment and decree of the Family Court and appellant has to prove the authenticity and genuineness of additional evidence including contents thereof, which are necessary for just decision of present appeal. On the contrary, learned Counsel for respondent-wife objected to