Allowed

Reena v. Hitesh Anand

Punjab & Haryana HC21 Sept 2016CR/6204/2016

Case brief

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What is this about?

This court disposed of a revision seeking to stay a divorce petition while the petitioner was in jail for an alleged murder case. The court directed the criminal court to dispose of the trial within three months and stayed the divorce petition temporarily, vacating the stay upon the criminal trial's conclusion.

What did the court decide?

Direct disposal of criminal case within three months; stay on divorce petition until criminal trial concludes.

Reena Vs Hitesh Anand — Matrimonial and Divorce | Punjab & Haryana HC (2016)

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C.R. No.6204 of 2016

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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C.R. No.6204 of 2016

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Date of Decision.21.09.2016

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Reena wife of Hitesh Anand

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.......Petitioner

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Vs.

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Hitesh Anand ........Respondent

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Present: Mr. Suveer Sheokand, Advocate for the petitioner.

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-.-

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AMIT RAWAL J. (ORAL)

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The petitioner is aggrieved of the impugned order whereby the application for stay of divorce petition bearing No.84 of 2012 had partly been allowed, in essence, final order has been stayed on the premise that at the instance of the respondent-husband an FIR bearing No.86 dated 7.7.2012 under Section 302 IPC for allegedly committing murder of his father and daughter has been lodged and she is behind jail.

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The divorce petition is also based upon the idential grounds alleging cruelty. He submits that the prosecution is taking long time in concluding evidence and it would seriously prejudice and affect the right of accused in the criminal case as she may not be subjected to crossexamination whereas she may be compelled to prove/disclose her defence in the divorce petition. In support of his contention, he relies upon judgment of Andhra Pradesh High Court in K. Vasudeva Reddy Vs. Kambala Sivanageswarappa and others 2009(3) CivCC 214 .

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In my view instead of staying the divorce petiton for infinite period till the concluding of the criminal case, I deem it appropriate to direct the Criminal Court to expedite the disposal of the aforementioned criminal

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PANKAJ KUMAR 2016.09.27 11:59 I attest to the accuracy and integrity of this document

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C.R. No.6204 of 2016 -2-

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case as expeditiously as possible, preferably within a period of three months and till then the adjudication of the petition bearing No.84 dated 21.12.2012 filed under the Hindu Marriage Act shall remain stayed. On conclusion of the criminal trial, stay granted by this Court would automatically stand vacated.

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The revision petition is disposed of with the above directions.

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(AMIT RAWAL) JUDGE September 21, 2016 Pankaj* Whether reasoned/speaking Yes Whether reportable No

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PANKAJ KUMAR 2016.09.27 11:59 I attest to the accuracy and integrity of this document

Reena v. Hitesh Anand

Case brief

What is this about?

What did the court decide?

Reena v. Hitesh Anand

Case brief

What is this about?

What did the court decide?

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