Rajdeep Singh v. Jaswinder Kaur

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 24.01.2024 RAJDEEP SINGH ......PETITIONER Vs.

JASWINDER KAUR .........RESPONDENT

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. Sahej Mahajan, Advocate, for the applicant-petitioner.

***** HARPREET KAUR JEEWAN J. (ORAL) CRM-3214-2024 1.

  

    







     

   

 

   

    

  





      

  



          





 CRR(F)-99-2024 1.

        !

 "

          #          $%$&&'         (



"

  )  

*      

       + ",$-

  .  

 

 

   

   $%&/&'

 



   

-2- 

       

 
  


      

    



0 

$ "    

    

 

     $%&/&'   

   

   

     !!-.$&1  

     &/&$&1-(

+ ".

   

 

 2    $'&&1 


   

 

                  

 

    #    

        

  3  

0 

4 5  6( $45 has also been filed by the petitioner which is pending before the Family Court, Amritsar. Now the said petition has been transferred to the Family Court, Ludhiana on the basis of a transfer application filed by the respondent-wife. As per the order dated 20.09.2023, the Family Court deferred the cross-examination of PW-1 (respondent-wife) subject to the condition that 50% of the amount outstanding till date be paid on the next date. On the next date of hearing, the Bar had suspended the work and the matter was adjourned to 17.10.2023. However, on 17.10.2023 the Family Court did not permit the petitioner to conduct the cross-examination on the ground that the arrears of entire maintenance have not been cleared.

3.

After arguing for some time, a short prayer has been made that the petitioner may be permitted to conduct the cross-examination of the witnesses and he will deposit 50% of the arrears of first instance.

-34.

In view of an innocuous prayer made by the petitioner and in order to avoid the further delay, issuance of notice of motion is dispensed with.

5.

Keeping in view the above, the present petition is allowed subject to the petitioner depositing 50% of the arrears of maintenance on the next date of hearing fixed by the Family Court and thereafter, he would continue paying the interim maintenance and clear the arrears within a period of 04 months thereafter.

6.

The Family Court would permit the petitioner to conduct the cross-examine of the witnesses examined on behalf of the respondent-wife. The impugned order dated 17.10.2023 passed by the learned Additional Principal Judge, Family Court, is set aside subject to the aforesaid conditions. 7.

Pending miscellaneous application (s), if any, shall also stand disposed of.

January 24, 2024 (HARPREET KAUR JEEWAN) nitin JUDGE Whether Speaking Yes Whether reportable No