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High Court of Punjab and HaryanaCRM-M/6515/2024disposed of

Shubhjeet Kaur v. Varjeet Singh

2024-02-07Ms. Justice Nidhi Gupta2 pages

2024:PHHC:016920 CRM-M-6515-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No. M-6515 of 2024 Date of decision :-07.02.2024 Shubhjeet Kaur .....Petitioner

Versus

Varjeet Singh .....Respondent CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Siddharth Gupta, Advocate for the petitioner.

NIDHI GUPTA J. (Oral) Prayer in this petition is for issuing directions to learned trial Court/Additional Principal Judge, Family Court, Bathinda to proceed with the trial in case bearing No.MNT/494/2021 dated 16.12.2021 titled as 'Shubhjeet Kaur vs. Varjeet Singh' (Annexure P2) filed under Section 125 Cr.P.C., and decide the application dated 15.09.2023, filed on 19.09.2023 (annexure P-16). Learned counsel for the petitioner-wife inter alia submits that the petitioner had filed the petition, detailed above, under Section 125 Cr.P.C. in December 2021. Thereafter, notice in the same was issued to the respondent-husband, who was served through his father at the given residential address. However, despite service, none appeared on behalf of respondent before the concerned Family Court. Thereafter, notice to the respondent was again issued at his office address, where also valid service was effected upon the respondent. VIJAY ASIJA 2024.02.15 19.28 I attest to the accuracy and integrity of this document

2024:PHHC:016920 CRM-M-6515-2024 Despite valid service effected upon the respondent, there was no representation on his behalf before the Family Court. As such, the petitioner filed an application dated 15.09.2023 (filed on 19.09.2023) (Annexure P-16) before the learned Family Court, Bathinda seeking permission to serve the respondent through his Whatsapp No.7589052791 and email 'varjeet91@gmail.com', which constitutes valid service. Learned counsel for the petitioner submits that though this application was filed as far back as on 19.9.2023, however, no decision thereupon has been taken till date and therefore prays that the said application be decided expeditiously in the interest of justice. Accordingly, this petition is being disposed of with a direction to the Additional Principal Judge, Family Court, Bhatinda to decide the said application dated 15.09.2023 (filed on 19.09.2023) (Annexure P-16) within six weeks from the date of receipt of certified copy of this order.

February 07, 2024 ( NIDHI GUPTA ) Vijay Asija JUDGE Whether speaking/reasoned Yes / No Whether Reportable Yes / No VIJAY ASIJA 2024.02.15 19.28 I attest to the accuracy and integrity of this document