High Court of Punjab and HaryanaCRR(F)/551/2023disposed of

Prem v. Sonu And Another

2023-04-17Mr. Justice Alok Jain2 pages

2023:PHHC:052514 CRR(F)-551-2023 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRR(F)-551-2023 (O&M) Date of Decision:-17.04.2023 Prem ......Petitioner

Versus

Sonu and another ......Respondents

CORAM:

HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. J.P. Sharma, Advocate for the petitioner. **** ALOK JAIN, J. (Oral) The present petition raises challenge to the order dated 29.03.2023, passed by Learned Principal Judge, Family Court, Narnaul, whereby, after granting nine effective opportunities including five last opportunities, the evidence of the petitioner (respondent therein), was closed and the matter was fixed for rebuttal arguments. Learned counsel for the petitioner fairly submits that only one more opportunity be granted for bringing the testimony of Smt. Mamta Devi, who is the necessary witness for proper adjudication of this case, subject to payment of cost.

After hearing learned counsel for the petitioner, I am of the opinion that issuance of notice of motion shall only procrastinate the proceedings and no useful purpose would be served in issuing notice to the respondent-wife and to meet the ends of justice, one more opportunity is PARUL 2023.04.17 14:11 I attest to the accuracy and authenticity of this document

2023:PHHC:052514 CRR(F)-551-2023 (O&M) granted to the petitioner to get the testimony of Smt. Mamta Devi effected, on the date already fixed, which is stated to be 19.04.2023 before the Court below, however, the same is subject to the payment of cost of Rs.25,000/- to be paid to the respondent-wife (petitioner therein) and in case, the petitioner fails to examine the said witness, no further opportunity shall be granted in any manner, whatsoever, and the trial Court shall proceed in the matter, in accordance with law.

Accordingly, the present petition stands disposed of. All pending application(s), if any, stands disposed of. (ALOK JAIN) JUDGE April 17, 2023.

Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.04.17 14:11 I attest to the accuracy and authenticity of this document