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Parminder Kaur v. Gursharan Singh

Punjab & Haryana HC20 Aug 2025CR/5086/2025

Case brief

AI extract

What is this about?

Closure of evidence; cross-examination; one effective opportunity; communication gap; costs Rs. 5,000/- District Legal Services Authority Amritsar; Article 227 Constitution of India; Section 13 Hindu Marriage Act 1955; divorce petition; Additional Principal Judge Family Court Amritsar; civil revision; Parminder Kaur v Gursharan Singh; CR-5086-2025.

What did the court decide?

Civil Revision petition allowed: petitioner granted one effective opportunity to conclude her evidence in the pending Section 13 Hindu Marriage Act, 1955 proceedings before the Family Court, Amritsar, subject to payment of costs of Rs. 5,000/- to the District Legal Services Authority, Amritsar; upon production of the receipt the trial court to grant the opportunity. ¶25

Parminder Kaur Vs Gursharan Singh — Matrimonial and Divorce | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, whose evidence/cross-examination was closed by the Family Court's order dated 26.03.2025, should be granted an effective opportunity to conclude her evidence in the pending divorce petition (and the impugned order quashed).

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Court's answer

No prejudice would be caused to either party if one effective opportunity is granted to the petitioner to conclude her evidence in the divorce petition pending before the Family Court, Amritsar.

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Ratio / Principle

One effective opportunity is granted to the petitioner to conclude her evidence, subject to payment of costs of Rs. 5,000/- to be deposited with the District Legal Services Authority, Amritsar.

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Key takeaways

Upon production of the receipt of the costs deposit, the learned Additional Principal Judge, Family Court, Amritsar, is directed to grant the petitioner one effective opportunity to conclude her evidence.ratio¶21

Detailed headnote1 paragraphs

Civil Revision (CR-5086-2025) under Article 227 of the Constitution of India by Parminder Kaur against Gursharan Singh, seeking quashing of the order dated 26.03.2025 (Annexure P-4) of the Additional Principal Judge, Family Court, Amritsar, closing the petitioner's evidence/cross-examination in her pending Section 13 Hindu Marriage Act, 1955 divorce petition (affidavit tendered 29.04.2024; cross-examination deferred on the respondent counsel's request; evidence closed for her absence, alleged to be due to a communication gap with counsel). Held: no prejudice to either party in granting one effective opportunity; petition allowed subject to costs of Rs. 5,000/- payable to the District Legal Services Authority, Amritsar, and upon production of the receipt the trial court to permit conclusion of evidence. Notice to the respondent was dispensed with; pending application(s) disposed of.

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CR-5086-2025

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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(119)

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CR-5086-2025 Date of Decision:-20.08.2025

Parminder Kaur

……Petitioner

Versus

Gursharan Singh

……Respondent

CORAM: HON’BLE MR. JUSTICE AMARINDER SINGH GREWAL

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

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AMARINDER SINGH GREWAL, J. (Oral)

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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.

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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

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SHUBHAM 2025.08.22 12:58 I attest to the accuracy and authenticity of this document/order

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CR-5086-2025

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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.

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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.

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SHUBHAM 2025.08.22 12:58 I attest to the accuracy and authenticity of this document/order

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CR-5086-2025

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