Balkaran Singh v. Jasdeep Kaur

CR-5344-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.122 CR-5344-2025 Date of Decision: 11.08.2025 BALKARAN SINGH

...Petitioner

Versus

JASDEEP KAUR .....Respondent

CORAM:

HON'BLE MR. JUSTICE PARMOD GOYAL Present:- Mr. Satbir Singh Gill, Advocate for the petitioner.

***** PARMOD GOYAL, J. (Oral) The present petition has been filed for setting aside the impugned order dated 23.05.2025, Annexure P-5, passed by Family Court, Sirsa, vide which ex parte judgment and decree dated 21.12.2022 has been set aside, allowing the respondent/wife to contest the case on merits. It is pertinent to note that the matter was fixed on 05.12.2022 after unsuccessful mediation before the Mediation and Conciliation Centre on account of non-appearance of the respondent/wife on 05.12.2022, and she was proceeded against ex parte. Thereafter, ex parte decree of divorce was passed on 21.12.2022.

It is also submitted that on 05.12.2022 two petitions between the same parties i.e. present petitioner and respondent, were pending before the Family Court, Sirsa. One petition was filed under Section 13 of Hindu Marriage Act and another petition was preferred by the husband for custody of children.

After mediation, the matter regarding custody was adjourned to Anu 2025.08.13 16:57 I attest to the accuracy and authenticity of this document Chandigarh

CR-5344-2025 13.02.2023 whereas divorce petition was taken up on 05.12.2022, on which date, respondent could not appear and she was proceeded against ex parte. In her application for setting aside ex parte order, respondent/wife gave reason of non-appearance to be death of her brotherin-law. However, learned counsel for the petitioner is challenging the said reason on the ground that the respondent has not produced any material to show that her brother-in-law had died on 05.12.2022 and therefore, he asserts that learned Family Court has erred in allowing the application of respondent/wife.

However, no material has been shown by the petitioner to controvert the statement made by the respondent/wife which she had duly made by filing her affidavit along with application for setting aside ex parte decree. In these circumstances, in the absence of any material to counter statement made on oath by way of affidavit, the order under challenge cannot be interfered. Moreover, it was the duty of the Court to give notice to respondent before proceeding her ex parte, when the case file was received back from the Mediation Centre.

No ground is, therefore, made out to interfere with the order passed by the learned Family Court, Sirsa.

Hence, the same is hereby dismissed.

(PARMOD GOYAL) 11.08.2025 JUDGE Anu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Anu 2025.08.13 16:57 I attest to the accuracy and authenticity of this document Chandigarh