High Court of Punjab and HaryanaCRM-M/5189/2022disposed of

Raghbir Singh v. Jagdish Kaur @ Kanwaljit Kaur

2023-05-19Mr. Justice Jagmohan Bansal2 pages

CRM-M-5189-2022 -12023:PHHC:073245

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-5189-2022 Date of Decision : 19.05.2023 Raghbir Singh ......... Petitioner

Versus

Jagdish Kaur @ Kanwaljit Kaur ......... Respondent CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr. Varun Jain, Advocate for the petitioner.

Mr. Navjot Singh, Legal Aid Counsel for the respondent.

**** JAGMOHAN BANSAL , J. (Oral) The petitioner through instant petition is seeking setting aside of order dated 13.10.2021 (Annexure P-3) whereby Additional Principal Judge, Family Court, Ambala, has declined the request of the petitioner to club two cases which are pending between the same parties i.e. husband and wife. Learned counsel for the petitioner inter alia contends that respondent- Jagdish Kaur @ Kanwaljit Kaur preferred a petition seeking enhancement of maintenance and petitioner preferred a petition seeking cancellation of maintenance which was awarded vide order dated 16.11.2018 passed by this Court. The petitioner preferred an application before the Family Court seeking clubbing of both the petitions, however, learned Additional Principal Judge, Family Court, Ambala vide impugned order dated 13.10.2021 without any plausible reason dismissed the application of the petitioner. Both the petitions were arising from same cause of action and needs to be heard together.

ANJU GOEL 2023.05.19 17:40 I attest to the accuracy and integrity of this document

CRM-M-5189-2022 -22023:PHHC:073245 Learned counsel for the respondent does not dispute the aforestated factual position and prayer of the petitioner, however, submits that trial Court may be directed to expedite disposal of both cases considering the age of the respondent.

In view of statement of both sides and considering facts of the present case, the impugned order dated 13.10.2021 (Annexure P-3) is set aside and Additional Principal Judge, Family Court, Ambala, is requested to take up both the cases together. Considering the age of respondent, the Family Court is further requested to expedite disposal of both the cases and preferably disposed of within 6 months from today.

Disposed of.

( JAGMOHAN BANSAL ) JUDGE 19.05.2023 anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.05.19 17:40 I attest to the accuracy and integrity of this document