Paramjit Kaur v. Harjit Kaur

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-2562-2025 (O&M) Date of Decision : 19.05.2025 PARAMJIT KAUR .... Petitioner

VERSUS

HARJIT KAUR .... Respondent CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. A.K. Saini, Advocate for the petitioner.

Mr. Suneet Pal Singh Aulakh, Advocate for the respondent. ALKA SARIN, J. (ORAL) 1.

The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 15.01.2025 (Annexure P-6) passed by the learned Principal Judge (Family Court), Ludhiana, Camp Court Samrala dismissing the application filed by the legal representative of Nirmal Singh (the petitioner herein) for being impleaded as a party. 2.

On 29.04.2025 the following order was passed : 'Learned counsel for the petitioner relies upon the judgment of the Hon'ble Supreme Court in the case of Smt. Yallawwa Vs. Smt. Shantavva [(1997) 11 SCC 159] to contend that the legal representatives can continue the proceedings even after the death of the husband in a matrimonial dispute.

Notice of motion returnable 07.05.2025.

AMAN JAIN 2025.05.20 09:18 I attest to the accuracy and integrity of this order/judgment

CR-2562-2025 (O&M) -2Dasti as well. Liberty is granted to the petitioner to serve the respondent through the counsel representing her before the Court concerned.'

3.

Today learned counsel for the respondent states that he would have no objection if the present revision petition is allowed and the legal representative of Nirmal Singh (the petitioner herein) is permitted to contest the proceedings.

4.

In view of the above, the present revision petition is allowed, and the impugned order dated 15.01.2025 is set aside. The petitioner herein, being the legal representative of Nirmal Singh, is impleaded as a party and is permitted to contest/continue the proceedings. The right to pursue the litigation would be gone into by the Court during the hearing of the main case, in accordance with law.

5.

Pending applications, if any, also stand disposed off. 19.05.2025 (ALKA SARIN) Aman Jain JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: Yes/No AMAN JAIN 2025.05.20 09:18 I attest to the accuracy and integrity of this order/judgment