High Court of Punjab and HaryanaCRR(F)/567/2023disposed of

Rakesh Tyagi v. Jyoti Tyagi

2023-04-18Mr. Justice Jagmohan Bansal2 pages

CRM-M-18805-2023 -1- 2023:PHHC:053225

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR(F)-567-2023 Date of Decision : 18.04.2023 Rakesh Tyagi ......... Petitioner

Versus

Jyoti Tyagi ......... Respondent CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr.Brijesh Kumar, Advocate for the petitioner.

**** JAGMOHAN BANSAL , J. (Oral) The petitioner through instant petition under Section 401 Cr.P.C. is seeking setting aside of order dated 21.01.2023 whereby Additional Principal Judge, Family Court, Sonipat, has struck off the evidence of the petitioner on the ground of non-payment of litigation expenses.

Learned counsel for the petitioner submits that the Family Court directed the petitioner to pay litigation expenses of Rs.3300/- vide order dated 21.01.2023. The petitioner moved an application under Section 340 Cr.P.C. alleging that the respondent has filed fake documents. The Family Court vide impugned order dated 21.01.2023 has dismissed the application of the petitioner under Section 340 of Cr.P.C. as well as struck off evidence of the petitioner on the ground of non-payment of litigation expenses. In the impugned order, it has been noted that petitioner has denied to pay litigation expenses whereas it seems outcome of communication gap because petitioner was always ready to pay litigation ANJU GOEL 2023.04.18 16:50 I attest to the accuracy and integrity of this document

CRM-M-18805-2023 -2- 2023:PHHC:053225 expenses. The petitioner is ready to pay litigation expenses of Rs.5,000/- instead of Rs.3300/- awarded by the Family Court. Without commenting upon merits as well as intricacies, however, considering the fact that the petitioner was directed to pay litigation expenses vide order dated 21.01.2023 and the impugned order qua striking off evidence of the petitioner was passed on 21.01.2023, the impugned order to the extent of striking off evidence of petitioner is set aside subject to payment of litigation expenses to the tune of Rs.5,000/- to respondent on or before the date fixed before the Family Court i.e. 27.04.2023.

Disposed of.

( JAGMOHAN BANSAL ) JUDGE 18.04.2023 anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.04.18 16:50 I attest to the accuracy and integrity of this document