Rajinder Sharma vs Arpana Sharma

Arpana Sharma ..Respondent(s)

J U D G M E N T

GANGULY, J.

1. Leave granted.

2. These appeals are directed against the judgment

and order dated 30.5.2009 passed by the High

Court of Punjab and Haryana.

1 3. By the impugned judgment, the learned Single

Judge of the High Court remitted the appeal to

the trial Court with a direction to the trial

Court to allow the respondent herein to adduce

additional evidence and by giving corresponding

right to the appellant herein to rebut that

evidence.

4. The facts of the case are rather peculiar.

5. A petition under Section 12 of the Hindu Marriage

Act for annulment of the marriage was filed by

the appellant stating therein that he developed

friendly relationship with respondent as they had

their business premises adjacent to each other.

The case which has been made by the appellant is

that respondent requested him to perform a mock

marriage with her in order to enable her to avoid

the predicament of marrying a boy who has been

selected by her parents and who is not of her

liking. The case of the appellant is that such a

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mock marriage took place in the presence of some

relatives and some photographs were also taken.

Thereafter, the marriage of appellant with

another girl was fixed but that could not be

solemnized as relations from the side of that

girl possibly came to know about the existence of

the mock marriage.

6. It may be noted that respondent filed an FIR for

commission of an offence under Section 420 IPC

against the appellant.

7. Thereafter, the appellant filed a petition under

Section 12 of the Hindu Marriage Act, 1955 for

declaring the marriage as null and void.

8. The trial Court allowed the appellant's petition

for annulment of marriage. Challenging the same,

respondent filed an appeal before the High Court

and along with that she filed an application for

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adducing additional evidence under Order 41 Rule

27 of CPC.

9. The High Court instead of deciding the

controversy, remitted the matter to the trial

Court and directed the trial Court to allow the

application of the respondent for adducing

additional evidence by giving corresponding right

to the appellant to rebut that evidence and also

directed the trial Court to decide the matter

afresh.

10.It appears that most of the documents which are

sought to be adduced by way of adducing evidence

are on record. In that view of the matter, the

order to remit the matter to the trial Court is

not warranted. The High Court, being the first

appellate Court, is a Court of both fact and law.

Therefore, it will be in the interest of justice

for the High Court to decide the controversy in

accordance with law.

4 11.In the facts of the case the order of remand

will merely prolong the proceedings between the

parties.

12.For the aforesaid reasons, we cannot sustain the

order of the High Court, which is set aside. We

request the High Court to decide the appeals in

accordance with law and as early as possible and

definitely by the end of year 2011.

13.With these directions, the appeals are disposed

of. There will no order as to costs.

.......................J.

(G.S. SINGHVI)

.......................J.

(ASOK KUMAR GANGULY)

New Delhi

July 04, 2011

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