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Judgment
Leave granted.
The Respondent filed a petition under Section 13(1) (a) and 13(1) (b) of the Hindu Marriage Act, 1955 for divorce as well as an application for custody of the daughter in the year 2011. The evidence of the Respondent herein was concluded on 30.11.2013. In spite of opportunities being given to the Appellant, she failed to lead evidence. Her evidence was closed when the matter was directed to be listed for arguments.
The Appellant filed an application for re-opening the matter and to permit her to lead evidence which was rejected by the trial Court. On 06.08.2014, the Trial Court closed the evidence and directed the matter to be listed for hearing arguments on 25.08.2014. The High Court affirmed the order of the Trial Court and dismissed CMPMO No.319 of 2014 filed by the appellant. The High Court was of the view that the Appellant was responsible for delaying the petition filed for dissolution of marriage in the year 2011.
Though we do not approve the conduct of the Appellant in not being diligent in pursuing the matter, as a last opportunity, we give liberty to the Appellant to adduce evidence. The Appellant shall not seek adjournments for any reason. The Trial Court is directed to complete the trial expeditiously and not later than six months from today, as the petition for divorce has been pending since 2011.
The above order is passed subject to the Appellant paying costs of Rs.25,000/- to the Respondent.
The parties shall appear before the trial Court on 23.12.2019.
The appeal is disposed of accordingly. Pending application(s), if any, shall also stand disposed of.