Rani v. Labha Singh And ORS.

2023:PHHC:061410 CRM-A-831-2022 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-A-831-2022 (O&M) Date of Decision:-29.04.2023 Rani ......Applicant

Versus

Labha Singh and others ......Respondent

CORAM:

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

Present:

Mr. Sohrab Dhanda, Advocate for Mr. Amandeep Singh Manaise, Advocate for the applicant.

**** ALOK JAIN, J. (Oral) CRM-42474-2022 Application is allowed as prayed for.

Delay of 447 days in filing the appeal stands condoned. CRM-A-831-2022 Learned counsel for the applicant has vehemently argued that the learned Court below has fell in error in acquitting the accused despite having cogent evidence on record. He submits that the victim was harassed for dowry and was given beatings on 11.01.2014 when she was ousted from the matrimonial home. He further submits that despite there being cogent evidence on the file, learned Court below has wrongly acquitted the accused.

PARUL 2023.05.04 13:55 I attest to the accuracy and authenticity of this document

2023:PHHC:061410 CRM-A-831-2022 (O&M) 2.

I have gone through the judgment and it has come on record in the statement of the applicant that the only dispute between her and the accused Labha Singh (husband) was with regard to his habit of taking some intoxicant and otherwise there was no dispute of any kind between them. 3.

On a specific query, learned counsel for the applicant has very fairly submitted that, in fact, the parties have taken divorce and are no longer together.

4.

A perusal of the judgment also demonstrate that the applicant had made a categoric statement that she is not at all ready to join the matrimonial home, even if, the accused is ready to give any written apology or undertaking. The MLR has also not been proved and there was no summoning of the Doctors even.

5.

After going through the same, I do not find any merit in the application for grant of Special Leave to Appeal, accordingly, the same is dismissed.

(ALOK JAIN) JUDGE April 29, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.05.04 13:55 I attest to the accuracy and authenticity of this document