Seema Madaan v. Ashok Kumar

CR No.7684 of 2016 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CR No.7684 of 2016 Date of decision:16.11.2016 Seema Madaan ... Petitioner Vs.

Ashok Kumar ... Respondent

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Rajnikant Upadhyay, Advocate for the petitioner.

AMIT RAWAL J. (Oral) The present petition is at the instance of the wife stated to have instituted a petition bearing No.479 of 2012 under Section 13(1)(ia) (iii) of the Hindu Marriage Act, 1955 seeking divorce on the ground of mental and physical cruelty.

Mr. Rajnikant Upadhyay, learned counsel appearing on behalf of the petitioner submits that way back in the year 2014, i.e. on 06.02.2014, the petitioner had closed his evidence and the matter was adjourned for evidence of the respondent. During the course of hearing, he has shown the status of the case and the matter is slated for arguments and the case had been reserved for orders. Though the status report reflects that the case is fixed for arguments. He has also referred to the orders dated 17.08.2016 (Annexure P-3) and 21.09.2016 (Annexure P-4), whereby, the matter has been shown for rebuttal evidence. He also submits that the petitioner does not want to lead any rebuttal evidence and appropriate direction may be Savita 2016.11.22 10:21 I attest to the accuracy and integrity of this document High Court Chandigarh

CR No.7684 of 2016 {2} issued to the trial Court to decide the petition as expeditiously as possible as 04 years have been elapsed and 02 years after closing of evidence. I have heard learned counsel for the petitioner and appraised the paper book and of the view that once the matter is listed for arguments and the petitioner has suffered a statement that he does not want to lead any rebuttal evidence, this Court is sanguine of the fact that the concerned trial Court shall make endeavour to decide the aforementioned divorce petition as expeditiously as possible preferably within a period of two months from the date of receipt of a certified copy of this order. Revision petition stands disposed of in the aforementioned terms.

(AMIT RAWAL) JUDGE November 16, 2016 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2016.11.22 10:21 I attest to the accuracy and integrity of this document High Court Chandigarh