Kuldeep Singh v. Surjit Kaur And Others

2024:PHHC:049083

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRR(F)-338-2021 (O&M) Date of decision: 10.04.2024 Kuldeep Singh ....Petitioner V/s Surjit Kaur and others ....Respondents CORAM: HON'BLE MR. JUSTICE SUMEET GOEL

Present:

Mr.Ranjit Saini, Advocate, for the petitioner. Ms. Neha Jain, Advocate, for the respondents. ***** SUMEET GOEL, J. (ORAL) 1.

On 17.05.2022, the following order was passed:- "Mediation has failed.

Ms.Neha Jain, Advocate who is present in Court offers to represent the respondents pro bono.

Before proceeding further with the matter the petitioner is directed to file his affidavit with regard to his assets and liabilities in terms of the judgment of the Supreme Court in Rajnesh Vs. Neha and another (2021) 2 Supreme Court Cases 324.

Adjourned to 17.08.2022."

2.

Thereafter, on 26.07.2023, the following order was passed: "Learned counsel for the petitioner submits that whereabouts of the petitioner are unknown and he is unable to establish contact with him. It is further submitted that bank account statement of the petitioner has been attached which shows that there were Rs.17 lakh in the joint account of the parties which was deposited by the petitioner from abroad. However, the said money has been siphoned off by the respondent No.1-wife. POONAM RATHORE 2024.04.10 15:07 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRR(F)-338-2021 (O&M) -2- 2024:PHHC:049083 There is no representation on behalf of the respondents. In the interest of justice, adjourned to 30.01.2024. Let, fresh notice to the respondents be issued for the date fixed." 3.

The requisite affidavit, as directed for vide order dated 17.05.2022, has not yet been filed. No explanation is even coming-forth as to why the said affidavit has not been filed.

4.

Learned counsel for the petitioner has very fairly submitted that the whereabouts of the petitioner are unknown and he is unable to contact the petitioner despite his best efforts.

5.

In view of the above, the instant petition is dismissed for nonprosecution. 6.

Liberty is reserved in favour of the petitioner to seek recall of this order on showing sufficient cause.

7.

Pending application, if any, shall also stands disposed off. (SUMEET GOEL) JUDGE April 10, 2024 poonam Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No POONAM RATHORE 2024.04.10 15:07 I attest to the accuracy and authenticity of this document High Court Chandigarh