Justice Manjari Nehru Kaul passed these orders while dismissing the plea filed by a person from Jalandhar who wanted to gather information in relation to a particular disease suffered by his estranged wife through a court appointed local commissioner. The couple is into a matrimonial dispute pending before the family court in Jalandhar.
“It is trite law that a party cannot be allowed to collect evidence through the court… As a sequel to the above, this court is not inclined to invoke its revisional jurisdiction under Article 227 of the Constitution,” observed the judge while dismissing the plea filed by the petitioner.
The petitioner had approached the HC for setting aside the impugned order dated July 28, 2022, vide which the family court, Jalandhar, dismissed his application for appointment of a local commissioner for getting the expert opinion with respect to his wife’s disease — rheumatoid arthritis.
It was argued before the HC that the family court’s order deserves to be set aside as it suffers from patent illegality. He submitted that the petitioner in his petition filed under Section 13 of the Hindu Marriage Act has categorically pleaded that his estranged wife was suffering from rheumatoid arthritis even prior to their marriage. Hence, the non-disclosure and concealment of her state of health and illness amounted to cruelty.
He further submitted that to prove that the respondent had the said disease before marriage, the appointment of the local commissioner for expert opinion on the origin/history of the disease would be necessary for the just and effective adjudication of the petition filed under Section 13 of the Hindu Marriage Act.