High Court of Punjab and HaryanaCR/1280/2021disposed of

Gurmeet Singh v. Jasdeep Kaur

2021-07-09Mr. Justice Gurmeet Singh Sandhawalia2 pages

CR-1280-2021 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

Civil Revision No.1280 of 2021 (O&M) Date of Decision: July 09, 2021 Gurmeet Singh ..........Petitioner No.1.

AND Jasdeep Kaur ........Petitioner No.2.

CORAM:- HON'BLE MR. JUSTICE G. S. SANDHAWALIA

Present:

Mr. Rakesh Kumar , Advocate for the petitioners.

(The proceedings are being conducted through video conferencing, as per instructions) ******* G.S. SANDHAWALIA, J.(Oral) The sole prayer made by both the petitioners in the petition under Article 227 of the Constitution of India is for allowing the parties to record their mutual statement for the purpose of second motion so that divorce can be granted inter se the parties.

It is the case of the petitioners that the statements of first motion were recorded on 16.03.2020 (Annexure P-1) and the husband was represented through his attorney. Thereafter, the case had been adjourned to 21.09.2020 for recording the second motion statement of the parties by the Family Court, Shaheed Bhagat Singh Nagar. It is the case of the petitioners that in spite of filing the joint application that the second motion statement be recorded, the Court is dilly dallying and issued notice on the same for 23.07.2021 vide order dated 28.05.2021. It is, in such circumstances, SACHIN MEHTA 2021.07.09 15:47 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CR-1280-2021 -2directions are sought for final disposal of the divorce petition filed under Section 13-B of the Hindu Marriage Act.

This Court is not able to decipher the reason for delay in finalising such proceedings if the parties are agreed for divorce. It is not disputed that the husband is residing in Australia. It is a known fact that persons residing in Australia can not move out due to COVID-19 and if the Family Court is so desirous in confirming the stand of the husband from him, it is always open to it to resort to the video conferencing so that the matter is disposed off at the earliest.

Accordingly, the present petition is disposed of with directions to the Family Court, Shaheed Bhagat Singh Nagar, to take appropriate steps on 23.07.2021 in view of the observations made above and submit its report to the Registrar General of this Court.

( G. S. SANDHAWALIA ) July 09, 2021 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No SACHIN MEHTA 2021.07.09 15:47 I attest to the accuracy and authenticity of this document High Court, Chandigarh