High Court of Punjab and HaryanaCRM-M/35572/2021dismissed

Avtar Singh v. State Of Punjab And Others

2021-09-01Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-35572-2021 (O&M) Date of Decision:-1.9.2021 Avtar Singh ... Petitioner

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Ranjit Sharma, Advocate for the petitioner. (proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner-Avtar Singh has approached this Court seeking issuance of a direction to respondents No.1 to 3 to take legal action against respondent No.4-Ramandeep Kaur, who is none else but his daughter-in-law. 2.

It is the case of the petitioner that although he is a original resident of Village Dhaliwal Bait, Tehsil Dhilwa, District Kapurthala (Punjab) but is now settled in U.K. and is NRI. It is averred that petitioner's son Balbir Singh was married to respondent No.4-Ramandeep Kaur but on account of strained relationship, they were residing separately and that while the petitioner's son was residing in U.K., the petitioner's daughter-in-law was residing in India. It is alleged that respondent No.4 had forcibly occupied the ancestral house PANKAJ KAKKAR 2021.09.01 18:15 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-35572-2021 (O&M) of the petitioner and also land measuring about 71⁄2 acres and was not permitting the petitioner or his son to use the said property. 3.

Upon perusal of the petition and upon hearing the counsel for the petitioner, this Court finds that the matter has arisen out of some kind of matrimonial discord between the petitioner's son and his wife i.e. respondent No.4, which has led to some dispute regarding property. In these circumstances, this Court is of the opinion that the remedy of the petitioner lies with the Civil Courts and not on the criminal side. No ground for issuance of any direction is made out. The petition is found to be sans merit and is hereby dismissed. 4.

It is, however, clarified that none of the observations made above shall be read to be any kind of expression in case the petitioner approaches the Civil Court or in any other proceedings.

1.9.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2021.09.01 18:15 I attest to the accuracy and integrity of this document