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High Court of Punjab and HaryanaCR/5281/2019allowed

Sandeep Singh v. Sunita

2019-09-02Ms. Justice Ritu Bahri2 pages

C. R No. 5281 of 2019

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH C. R No. 5281 of 2019 Date of decision : 02.09.2019 Sandeep Singh ....Petitioner versus Sunita

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Saurabh Dalal, Advocate for the petitioner.

**** RITU BAHRI , J. (Oral) Challenge in this petition is to orders dated 19.08.2019 and 18.07.2019 (P-3).

A bare perusal of the zimini order shows that petitioner had filed a divorce petition against the respondent (wife). Due to non presence of the respondent-wife, the case was adjourned on 25.04.2019 to 03.07.2019. On 04.07.2019, no RW was present and the counsel for the respondent made a request for adjournment. The case was then adjourned to 18.07.2019. On this day, learned counsel appearing for the petitioner requested for an adjournment and a cost of Rs.5000/- was imposed upon the petitioner on the ground that the respondent has to come from a far place. On 19.08.2019, the evidence of respondent was closed. Learned counsel for the petitioner submits that it is the petitioner who has to come from Jhajjar and the respondent has to come from Gurugram. Since the father of learned counsel for the petitioner expired, therefore, learned counsel for the petitioner could not appear. GAURAV ARORA 2019.09.09 14:56 I attest to the accuracy and integrity of this document Chandigarh

C. R No. 5281 of 2019 In view of the above factual position, the present revision petition stands allowed and orders dated 19.08.2019 and 18.07.2019 (P-3) are set aside. The petitioner is granted one effective opportunity to cross examine the respondent, subject to payment of cost of Rs.5,000/- to the respondent.

02.09.2019 (RITU BAHRI) G.Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2019.09.09 14:56 I attest to the accuracy and integrity of this document Chandigarh