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High Court of Punjab and HaryanaCR/1695/2025disposed of

Sarita Rani v. Neeraj Kumar

2025-04-08Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR-1695-2025 (O&M) Date of Decision : 08.04.2025 Sarita Rani ....Petitioner

VERSUS

Neeraj Kumar ....Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Karan Singh, Advocate for the petitioner. Mr. Rahul Jaswal, Advocate for the respondent. ALKA SARIN, J. (Oral) 1.

The prayer in the present revision petition is for granting an effective opportunity to the petitioner to conclude her evidence after decision of her application for allowing the minor to appear as a witness. 2.

Learned counsel for the petitioner would contend that the application to permit the minor to appear as a witness has not been decided till date and vide the impugned order dated 03.03.2025, the evidence of the petitioner was closed.

3.

Per contra, learned counsel for the respondent would contend that several opportunities have already been availed by the petitioner and that she is only trying to delay the matter.

4.

Heard.

5.

Present revision petition has arisen out of the order passed by the Family Court whereby the evidence of the petitioner has been closed. The petition has been filed by the respondent-husband under Section 13 of JITENDER KUMAR 2025.04.09 09:56 I attest to the accuracy and authenticity of this document Chandigarh

CR-1695-2025 -2the Hindu Marriage Act, 1955 for dissolution of marriage by way of divorce. No doubt it has been noticed in the impugned order dated 03.03.2025 that the petitioner has failed to lead her evidence despite several effective opportunities however, learned counsel for the respondent is not in a position to deny the fact that the application filed by the petitioner for permitting the minor to appear as a witness is pending and is listed for arguments.

6.

In view of the above, the present revision petition is allowed. The petitioner shall be afforded three effective opportunities to lead her evidence after the decision on her application (Annexure P-5) for allowing the minor to appear as a witness.

7.

Disposed off. Pending applications, if any, also stand disposed off.

8.

It is made clear that any observation made herein shall not be treated as an expression of opinion on the merits of the case. ( ALKA SARIN ) 08.04.2025 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2025.04.09 09:56 I attest to the accuracy and authenticity of this document Chandigarh