Inderpreet Kaur v. Kulpreet Singh

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:27.02.2024 Inderpreet Kaur ... Petitioner Vs.

Kulpreet Singh ... Respondent

CORAM:

HON'BLE MRS. JUSTICE SUKHVINDER KAUR.

Present:

Mr. Rakesh Gupta, Advocate for the petitioner. ...

SUKHVINDER KAUR, J.

1.

By way of present revision petition, the petitioner seeks issuance of directions to the Additional Principal Judge, Family Court, Patiala, to decide the petition under Section 13 of the Hindu Marriage Act for dissolution of marriage by decree of divorce, filed by her within a time bound frame.

2.

On the last date of hearing i.e. on 24.01.2024, status report from the concerned Court was called.

3.

In compliance of order dated 24.01.2024 passed by this Court, status report from the Family Court has been received, which reveals that the present petition under Section 13 of the Hindu Marriage Act was filed by the petitioner/Inderpreet Kaur on 11.03.2019. Respondent made appearance on 03.05.2019. Then the matter was referred to Mediation Centre for reconciliation but no settlement could be effected. Thereafter the case was fixed for filing of the written statement and then an application under Section 24 of the Hindu Marriage Act was filed. Written statement was filed on 20.01.2020. From the pleadings of the parties, issues were

-2framed and the case was fixed for evidence of the petitioner and for filing of reply to the application filed under Section 24 of the Hindu Marriage Act. Thereafter, the case was adjourned for filing of affidavit qua income and liabilities of the respondent and for consideration of application under Section 24 of the Hindu Marriage Act. Thereafter due to Covid-19 period, it was adjourned till 10.12.2020. Then application under Section 24 of the Hindu Marriage Act was decided on 09.03.2021 and thereafter the case was adjourned for making payment and for evidence of the petitioner. The petitioner tendered his affidavit in evidence only on 13.08.2021 and then case was adjourned for 17.09.2021 for cross-examination of the petitioner and for remaining evidence.

Then case was again sent to the Mediation Centre for settlement but again the matter remained unsettled and the case was adjourned time and again for making payment and maintenance amount and for petitioner's evidence. The cross-examination of the petitioner also could not be completed sometimes due to adjournment requested by counsel for the petitioner and sometimes due to some other reasons. Then the case was adjourned for 25.04.2023 for cross-examination of the petitioner by providing the last opportunity for this purpose. On 25.04.2023 again cross-examination was partly conducted as petitioner filed detailed affidavit of 10 pages and still the case was fixed for petitioner evidence.

4.

So from the aforesaid report, it transpires that it is an old petition which is still fixed for evidence of the petitioner. 5.

In view of the above, the present revision petition is disposed of with a direction to the Principal Judge, Family Court, Patiala, to decide

-3the petition filed by the petitioner under Section 13 of the Hindu Marriage Act, as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this order. 6.

It is, also, directed that the petitioner will also remain present for completion of her cross-examination for the date fixed by the Family Court and the cross-examination will be completed by the counsel for the respondent.

7.

Disposed of in the aforesaid terms.

8.

All pending applications, if any, also stand disposed of accordingly.

( SUKHVINDER KAUR ) JUDGE 27.02.2024 harjeet

1. Whether speaking/reasoned?

Yes/No

2. Whether reportable?

Yes/No