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High Court of Punjab and HaryanaCOCP/1846/2017dismissed

Neeraj Sharma v. Neetu Sharma

2023-01-17Mr. Justice Arvind Singh Sangwan2 pages

COCP-1846-2017 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP-1846-2017 (O&M) Date of decision: 17.01.2023 Neeraj Sharma

...Petitioner

Versus

Neetu Sharma

...Respondent

CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. Rahul Vohra, Advocate for Mr. Aditya Jain, Advocate for the petitioner.

Mr. Amandeep Sharma, Advocate for Mr. A.S. Manaise, Advocate for the respondent.

****** ARVIND SINGH SANGWAN, J.

The petitioner alleges violation of the order dated 03.05.2017, vide which a settlement/agreement was arrived at between the parties that they will part away by way of filing a divorce petition under Section 13-B of Hindu Marriage Act.

One of the condition in the settlement/agreement was that minor children aged about 12 years and 06 years will be residing with the respondent-wife and all the pending litigations will be withdrawn by the parties.

VISHNU 2023.01.17 16:38 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh

COCP-1846-2017 -2Learned counsel for the petitioner submits that after filing of the petition under Section 13-B of Hindu Marriage Act, at the second motion stage, the respondent-wife has refused to make the statement. Learned counsel for the respondent submits that the petitionerhusband is not paying any maintenance towards two minor children, who are being taken care of by the respondent-mother, therefore, she has every reason not to make statement at the second motion stage. Accordingly, no willful disobedience is made out. Dismissed.

[ ARVIND SINGH SANGWAN ] 17.01.2023 JUDGE vishnu Whether speaking/reasoned Yes/No Whether reportable:

Yes/No VISHNU 2023.01.17 16:38 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh