Partly allowed

Dharamvir v. Renu

Punjab & Haryana HC6 Mar 2012CR/1462/2012

Case brief

AI extract

What is this about?

In this civil revision, the High Court set aside an order closing the petitioner's evidence in a divorce case and directed the lower court to grant one opportunity to complete evidence, subject to payment of costs.

What did the court decide?

The impugned order closing the petitioner's evidence was set aside, direction to grant one opportunity to complete evidence subject to payment of costs of `2,500/-.

Dharamvir Vs Renu — Matrimonial and Divorce | Punjab & Haryana HC (2012)

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Civil Revision No. 1462 of 2012

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(1)

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IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH

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Civil Revision No. 1462 of 2012 (O&M)

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Date of decision : 6.3.2012

Dharamvir

..... Petitioner

Renu

..... Respondent

Coram: Hon'ble Mr. Justice Rajesh Bindal

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Present: Mr. Deepak Arora, Advocate, for the petitioner.

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Rajesh Bindal J.

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Prayer in the present petition filed under Article 227 of the Constitution of India is for setting aside order dated 5.12.2011 passed by the learned court below, whereby evidence of the petitioner was closed by order of the court.

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The proceedings in the present case arise out of a petition under Section 13 of the Hindu Marriage Act filed by the petitioner against the respondent for grant of divorce.

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For the view I am taking in the present petition, I do not deem it appropriate to issue notice to the respondent, as the same would unnecessarily delay not only the disposal of the present petition but also the petition as well.

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Learned counsel for the petitioner submitted that the petition was filed by the petitioner on 11.2.2011 for grant of divorce. The issues were framed on 26.7.2011. The case was listed for the first time on 18.8.2011 for the evidence of the petitioner, however, keeping in view the nature of dispute, the matter was referred to the Mediation Centre as there were chances of compromise between the parties. The matter was sent to the court as compromise was not effected between the parties. On 30.8.2011, three PWs were examined and the case was adjourned to 13.9.2011 on the request of counsel for the respondent and for awaiting the report of the

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Civil Revision No. 1462 of 2012

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(2)

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Mediation Centre. Thereafter, the case was adjourned for cross-examination of the petitioner's witnesses. On 5.12.2011, the learned court below closed the evidence of the petitioner by order. It was submitted that the respondent has not led any evidence till date. The next date of hearing in the present case is 12.3.2012. The submission is that in case one opportunity is granted, the petitioner will complete his entire evidence on the date already fixed.

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The facts submitted by the learned counsel for the petitioner are borne out from the record.

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Accordingly, while setting aside the impugned order dated 5.12.2011, closing the evidence of the petitioner, the learned court below is directed to grant one opportunity to the petitioner for completing his evidence on the date already fixed. This shall be subject to payment of costs of ` 2,500/- to the respondent on the next date of hearing fixed before the learned court below. It is, however, made clear that no further opportunity shall be granted to the petitioner in case he fails to complete his entire evidence on the date fixed.

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The revision petition is disposed of in the manner indicated

above.

6.3.2012

vs.

(Rajesh Bindal) Judge

Dharamvir v. Renu

Case brief

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Dharamvir v. Renu

Case brief

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