Parminder Kaur v. Gursharan Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (119) Date of Decision:-20.08.2025 Parminder Kaur ......Petitioner

Versus

Gursharan Singh ......Respondent

CORAM:

HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL ****

Present:

Mr. Vishnu Dutt, Advocate, for Mr. Naveen Bawa, Advocate, for the petitioner.

**** AMARINDER SINGH GREWAL, J. (Oral) The present Civil Revision petition has been filed under Article 227 of the Constitution of India, seeking quashing of the impugned order dated 26.03.2025 (Annexure P-4), passed by the learned Additional Principal Judge, Family Court, Amritsar, whereby the evidence/crossexamination of the petitioner was closed by Court order. A prayer has also been made for staying the operation of the aforesaid impugned order during the pendency of the present petition.

2.

Learned counsel for the petitioner submits that the petitioner had instituted a petition under Section 13 of the Hindu Marriage Act, 1955, against the respondent seeking dissolution of marriage by way of a decree -1-

of divorce, which is pending adjudication before the learned Family Court, Amritsar. It is submitted that on 29.04.2024, the affidavit of the petitioner was tendered in evidence as examination-in-chief, whereafter crossexamination was deferred on the request of learned counsel for the respondent. However, by the impugned order dated 26.03.2025 (Annexure P-4), the evidence of the petitioner was closed as she was not present for cross-examination. It is contended that on the said date, the petitioner could not appear before the Family Court due to a communication gap between her and her counsel. Learned counsel, therefore, prays that the petitioner be granted one effective opportunity to conclude her entire evidence. 3.

In view of the order proposed to be passed, issuance of notice to the respondent is dispensed with, as the same would only delay the proceedings and entail unnecessary expenses upon the respondent. 4.

Having heard learned counsel for the petitioner and upon perusal of the material on record, this Court is of the considered view that no prejudice would be caused to either party if one effective opportunity is granted to the petitioner to conclude her evidence in the aforesaid petition pending before the learned Family Court, Amritsar. 5.

Accordingly, one effective opportunity is granted to the petitioner to conclude her evidence in the aforesaid proceedings, subject to payment of costs of ₹5,000/-, to be deposited with the District Legal Services Authority, Amritsar. Upon production of the receipt, the learned Additional Principal Judge, Family Court, Amritsar, shall grant one effective opportunity to the petitioner to conclude her evidence. -2-

6.

The present Civil Revision petition stands allowed in the above terms.

7.

Pending application(s), if any, also stand disposed of. (AMARINDER SINGH GREWAL) JUDGE 20.08.2025 Shubham Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No -3-