Baljit Kaur v. Manjit Singh



IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR No. 474 of 2022 (O&M) Date of decision: 11.02.2022 Baljit Kaur ... Petitioner

Versus

Manjit Singh

...Respondent

 



   Present :

Mr. Puneet Kakkar, Advocate, for the petitioner. (Presence marked through video conferencing).   

CM-1318-CII-2022 Application is allowed as prayed for, subject to all just exceptions.

Main Case Prayer in the present revision petition filed by petitioner-wife is for issuance of directions to learned Principal Judge, Family Court, Kurukshetra to decide the petition filed by her under Section 13 of the Hindu Marriage Act, 1955 within a time bound manner. I have heard learned counsel for the petitioner and perused the case file.

Ordinarily, given the legal requirement of not granting unnecessary adjournments in matrimonial matters, the Family Courts are fairly conscious of the same. On that ground alone, no interference is warranted. However learned counsel contends that in the instant case the petition filed by the wife has not proceeded much further despite granting of opportunities to the respondent-husband to file his response to the same, despite five adjournments.

VANDANA 2022.02.12 13:56 I attest to the accuracy and authenticity of this document

Per contra, as per record, written statement and reply to the application under Section 24 of the HMA was filed by the respondent husband on the very next date i.e. 07.04.2021 for which date notice of the divorce petition along with application under Section 24 of the HMA was issued on 18.12.2021.

Thereafter, counsel for the respondent-husband sought time on two occasions for arguments on the application under Section 24 of the HMA. On one occasion, the learned Presiding Officer did not hold Court. I am conscious that delay is detrimental to the interest of petitioner as pleaded herein and is causing hardship to her. But owing to pandemic, the Courts are also currently working under restrictions, and certain delays are naturally resulting due to the same, I do not find any ground to interfere in the matter. The revision is accordingly dismissed.





          
          Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No  VANDANA 2022.02.12 13:56 I attest to the accuracy and authenticity of this document