When is production of additional documents under Order XLI Rule 27 CPC unnecessary?

Where the fact the documents are produced to establish is already sufficiently borne out by the pleadings on record, their production as additional evidence is not necessary for adjudication of the issues involved in the appeal and the petition is closed as unnecessary.

Hindu Marriage Act, 1955 — s.13(1)(i-a) — Constitution of India — Art.142 — Code of Civil Procedure, 1908 — Or.XLI r.27 — Mental cruelty — Condonation — Irretrievable breakdown — Welfare of the child — Hindu Marriage Act, 1955 — s.13(1)(i-a) — Mental cruelty — Cumulative effect, and proof — Held: Matrimonial relief on mental cruelty must depend upon the cumulative effect of the conduct and the surrounding circumstances of married life of each case. Mere allegations, however serious, cannot take the place of proof. (¶9) Hindu Marriage Act, 1955 — s.13(1)(i-a) — Condonation on resuming cohabitation — Held further: Once the parties resume cohabitation after a legal notice, the alleged incidents that had occurred prior thereto stand condoned, and those earlier acts cannot ordinarily be relied upon as independent grounds for dissolution unless there is a subsequent repetition by fresh acts of cruelty. (¶9) Hindu Marriage Act, 1955 — Constitution of India — Art.142 — Irretrievable breakdown is not a statutory ground — Held further: The doctrine of irretrievable breakdown of marriage is not a statutory ground under the Hindu Marriage Act, 1955, the power to dissolve on that ground being vested exclusively with the Supreme Court under Article 142, and the welfare of the child remains a paramount consideration. (¶9) Code of Civil Procedure, 1908 — Or.XLI r.27 — Additional documents closed as unnecessary — Held further: Production of additional documents is not necessary for adjudication where the fact they would establish is already sufficiently borne out by the pleadings on record. Appeal dismissed. (¶10, 11)

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